2022

Security for costs – Part 24 of the Civil Procedure Rules – Company incorporated outside the jurisdiction – Counterclaim- Crabtree Tree Principle.

Application for injunction – Whether serious issue to be tried and damages an adequate remedy – Validity of Notices to Quit served – Expired lease with holding over Clause for premises exempt under the Rent Restriction Act – Whether a Landlord had a right after determination of a tenancy for exempted premises can use self-help to retake possession of rental premises.

Interlocutory injunction - Mandatory effect – Defendant (bank) froze Claimant’s (a customer) accounts – Claimant’s business in jeopardy - Breach of contract - Whether reason advanced justifies breach - Whether speculation as to possible breach of Proceeds of Crime Act a sufficient justification.

Assessment of damages - Fixed term lease terminated – Land owned by the state – Land Acquisition Act – Improvements – Fixed assets – Crops – Measure of damages – Other occupants – Whether cost to evict should be borne by tenant – Whether issues related to liability relevant when assessing damages.

Trial as between the claimant and the 3rd and 4th defendants – Assessment of damages as between the claimant and the 1st and 2nd defendants - Road traffic accident – Road intersection controlled by traffic lights, collision at intersection, presumption that lights are working properly - No cases submission – Failure of

defendant to certify defence to be true – Contributory negligence as between defendants

Assessment of damages – Long oblique fracture of the lateral malleolus – Small fragment fracture of the medial malleolus – Pain to the neck – Soft tissue injuries to hip and chest

Judicial review – Retirement in the public interest – Police Services Commisson – Role of Privy Council – Role of Governor General – Police Service Regulations – Regulations 26, 47 – The Jamaica (Constitution) Order in Council 1962– sections 2, 4, 32, 125, 130

Judicial Review – Whether an industrial dispute existed at the time of the referral - Whether the Minister’s decision to refer the dispute to the IDT is ultra vires –– Separation agreement – Whether dismissal –– The Labour Relations and Industrial Disputes Act, 1975, sections 2 and 11A(1)(a)(i)

Validity of a Will – Whether the testator was unduly influenced to execute his final Will – Whether the testator requested the requisite testamentary capacity at time he prepared his Will