Civil Procedure - Defendant company removed from the Register of Companies prior to trial date –
Whether trial can proceed in the absence of the defendant pursuant to the Rule
39.5 of the Civil Procedure Rules, 2002, as amended – Whether the defendant
company must first be restored to the Register of Companies – Effect of restoration
pursuant to sections 336(1) and 337(6) of the Companies Act on the current
proceedings.
Civil procedure – Application for relief from sanctions after statement of case
struck out and judgment entered against the defaulting party – whether
applicants have provided a good explanation for non-compliance with case
management orders – Rule 26.8 of the Civil Procedure Rules, 2002, as amended.
Assessment of Damages – Trespass and wrongful use of land – Claim for mesne profits – Claimant seeking restitutionary damages – Claimant seeking sum equivalent to the profits made by the defendants through the use of land – How to quantify the measure of damages.
Negligence – Road accident – Pedestrian walking in road – Contributory negligence – Standard of care expected of drivers of motor vehicles and pedestrians walking on roadway – Whether the defendants breached a duty of care owed to the claimant – Whether contributory negligence on the part of the claimant established – Apportionment of liability – Quantum of damages.
Assault – Whether police officer had reasonable grounds to search claimant – Whether the search of the claimant constitutes an assault – Whether police officer assaulted the claimant and caused injury – Credibility of witnesses.
Administrative orders – Whether a Commissioner of the Jamaica Fire Brigade can promote officers without the approval of the Fire Brigade Board – What is the effect of General Orders – Whether the claimants reasonably held an expectation that they had been promoted by the publication of General Orders, when there was no evidence that the requirements for promotion had been complied with – Whether the failure of the Fire Brigade Board to promote the claimants in the circumstances amounted to an abuse of power, or whether there was an overriding public interest in not honouring the communicati
Negligence – Breach of contract – Employer’s liability – Occupier’s liability – Res ipsa loquitor – Slip and fall on floor during post-hurricane clean up – Whether inference of negligence can be drawn – Whether the defendants breached a duty owed to the claimant under the Occupier’s Liability Act – Whether the defendants had provided a safe place and system of work.
Civil procedure – Application for permission for 1st defendant to amend statement of case – Whether proposed amendment to defence raises a different case than that originally pleaded – Whether amendment would prejudice the claimants – Whether 1st defendant’s statement of case is prolix and ought to be struck out – Rules 20.4(2), 26.3(1)(d) and 26.2(2) of the Civil Procedure Rules, 2002, as amended.
Civil procedure – Application by defendants for permission to file defence out of time – Application by claimant for permission to enter judgment in default of defence against the Crown – Whether the draft defence is a bare denial of some of the allegations made in the claimant’s statement of case – Whether it is appropriate to enter judgment in default in respect of one or more defendants in the circumstances – Rule 10.3, 12.3(1) and 12.9 of the Civil Procedure Rules, 2002, as amended.
Civil procedure – Application to set aside judgment in default – Whether there is an affidavit of merit – Whether the defendants have demonstrated that they have a real prospect of successfully defending the claim – Rules 5.7, 13.2 and 13.3 of the Civil Procedure Rules, 2002, as amended.
