2021

Joint Tenants – Whether the Co-Owner was dispossessed – S. 3 and 30 of the Limitation of Actions Act – Claimant must show factual possession as well as the intention to possess – The Co-Owner is deceased.

Civil Procedure – Application to renew order for seizure and sale- Whether application made within twelve months of issue date- Whether the “corresponding date rule” of computation of time applies - Whether interests of other judgment creditors affected.

Admiralty Claim- Application to strike out claim – Collision between two vessels - Contract for towage services - Whether contract incorporated exclusive jurisdiction clause - Whether Jamaica a forum conveniens – Whether claim in rem - Whether incorrect form of claim.

Whether safe system of work – Negligence – Whether Claimant contributorily negligent – Whether cause of accident inevitable – Whether Second Defendant vicariously liable – Credibility of witnesses – General damages principles – handicap on the labour market – Costs of future medical care.

Application to set aside default judgment obtained for failure to serve claim - Expiry of claim form prior to purported date of service - Issue not raised by the defendant - Whether court entitled to set aside on its own motion. Conflicting evidence as to service - Whether defendant was served - Whether default judgment should be set aside.

Negligence – Motor vehicle accident - Effect of a previous conviction on civil
proceedings – Personal injuries – Damages - Wasted Costs - Ancillary Claim Form
not filed/Waiver - Contributory negligence - Absence of parties

Civil Practice and procedure - Conduct which is oppressive or unduly prejudicial or unfair – Section 213A of the Companies Act – Summary judgment – Rule 15.2 of CPR – Beneficial interest in shares – Whether Buy Out Order appropriate.