Tort - False Imprisonment - Malicious Prosecution - Whether Reasonable And Probable Cause – Arrest of claimant when reissued summons to be served on him - Sections 13 & 33 of the Constabulary Force Act.

Contract - Breach of contract - Whether waiver of rights to exercise power under a bill of sale.

[2025] JMSC Civ. 125 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA CIVIL DIVISION CLAIM NO.

Tort – Negligence – Duty of Care – Breach of Duty – Nature of Duty of Care Owed – Whether Duty of Care Owed was Breached by the Defendant.

Civil Practice and Procedure – Application to Strike Out Counterclaim – Whether the Counterclaim filed against the Claimant should be struck out as disclosing no reasonable grounds for being brought -  Application for Appointment of Expert Witness – Whether Defendants’ proposed expert witness is able to give independent and unbiased assistance to the Court to resolve the issues in dispute - Civil Procedure Rules – Rule 32.4

Tort – Malicious Prosecution – Whether or not the 2nd Defendant had reasonable and probable to prosecute the Claimant for the offences charged.

False Imprisonment – Whether or not the 2nd Defendant lawfully arrested and detained the Claimant – Whether or not the length of time for which the Claimant was held before being considered for bail or before facing the Court was unreasonable.

Civil Practice and Procedure – Application to Amend Particulars of Claim – Application to Amend Particulars of Claim to Add New Cause of Action Outside of Limitation Period – Whether New Cause of Action Founded Upon Same Facts as Already Pleaded – Whether Amendment at this Stage Should be Allowed.

Application to set aside orders made on a Fixed Date Claim Form - Application for Inunction – Factors to consider

Summary judgment – Breach of contract – Whether contract is unenforceable for being in breach of Statute – Statutory illegality vs Common-Law Illegality – Unjust enrichment – Breach of contract