2020

Civil Procedure - Application to file defence out of time – Civil Procedure Rule 10.3
and 26.1

Application to set aside provisional charging order - Provisional charging order
issued by registrar on a default cost certificate - Whether default cost certificate
properly issued - Whether the registrar is empowered to make provisional charging
orders. Application to set aside Judgement After Striking Out - Defendant and
Attorney were present when the Unless Order was made - Whether the Defendant
had to be served with the Unless Order before judgment could be entered - Whether

Rule 21.(1) & (2) of the CPR; basis on which actions may be brought or defended in a representative capacity – Rules 26.3(1)(C) and 15.2 of the CPR; principles applicable to the striking out of, or the granting of summary judgment in a claim – Application of s.46 of both the Trustee Act and Limitation of Actions Act where limitation defence raised – Private contract incapable of changing the statutory limitation period –To obtain redress for alleged breach of contractual or fiduciary duty necessary to prove existence of duty, breach of that duty and consequential loss flowing from that

Part 57 of Civil Procedure Rules – Writ of Habeas Corpus ad subjiciendum – principles of Law applicable – Constitution of Jamaica; s. 9, 10, 13, 14 & 20 – The Emergency Powers Act; The Emergency Powers Regulations – s. 30, 33 & 38; Separation of Powers Doctrine/Principle whether Executive breached Doctrine – whether Detention of Petitioners unlawful under EPA & EPR as being in breach of Constitution – proportionality – whether measures under EPA reasonably justifiable.

Injunction - Money loaned to 1st Defendant – Caveat lodged against property – Property already subject of sale to Interested Party – Whether sale to be restrained – Whether serious question to be tried - Balance of convenience-Promissory notes unstamped - Whether admissible in evidence - Observations on the practice of attaching exhibits to affidavits by schedule.

Constitutional law - Right to a fair hearing within a reasonable time- Delay/impossibility of a judgment being delivered - Reasonable time guarantee- Remedies for breach of the section 16(2) right – Damages - Measure of damages - Whether summary assessment of the nominate torts would be an appropriate remedy – Costs - Costs thrown away – Section 16(2) the charter of fundamental rights and freedom

Contract law -  Breach of contract - Elements of a contract - Written offer - Oral acceptance - Whether letters of the Board of the defendant can be regarded as evidence of oral acceptance - Whether an enforceable contract was created.

Application for relief from sanction after statement of case struck out –- Whether the application was made promptly – Whether the claimant’s failure to comply was unintentional – Whether the claimant’s alleged impecuniosity is a good explanation for his non-compliance – Whether the claimant has generally complied with all other relevant rules, practice directions, orders and directions – Rule 26.8 of the Civil Procedure Rule

Negligence – Personal Injury – Whether 1st Defendant employee of 2nd Defendant so as to render 2nd Defendant vicariously liable – Whether Res Ipsa Loquitur applies Damages – Assessment

Negligence - Employer’s duty of care – Safe system of work - Whether there was a
breach of that duty