2022

Application to stay or set aside order - Rule 18.11 - Rule 39.6 of the Civil Procedure Rules.

False Imprisonment – Malicious Prosecution – Whether reasonable and probable cause to prosecute exists – Whether failure to properly investigate indicates malice – Whether initial arrest unlawful- Whether detention unduly lengthy – Aggravated Damages – Exemplary Damages – Sections 3(2), 4(a) of the Bail Act and the Second Schedule to the Bail Act – Sections 13, 15, 18 and 33 of the Constabulary Force Act

Application to extend time to file defence - Application filed without a draft defence
- Application heard five years after application filed - Draft defence filed five years
after application filed - Affidavit of merit deposed by Defendant’s attorney-at-law.

Interim injunction - Factors to consider in granting an interim injunction - Whether there is a serious issue to be tried - Whether damages are adequate -Balance of convenience - Civil Procedure Rules - Section 49 (h) of the Judicature (Supreme Court) Act

Sexual Intercourse with a Person under Sixteen - Person In Authority

Negligence – Medical negligence – The duty of care owed by a medical practitioner to a patient – Breach of the duty of care – Causation – Foreseeability of damage – Remoteness of damage – Whether the defendants are liable for psychiatric injury
Damages – Psychiatric injury – Post Traumatic Stress Disorder – Mild to moderate difficulty functioning physically and emotionally – Quantum of damages

Application for Relief from Sanctions- CPR Rule 28.8

Constitutional Law - Constitution of Jamaica - Charter of Fundamental Rights and Freedoms - Sections 13 (3) (a), (c), (d), (e) and 16 (2).
The Legal Profession Act - Sections 3, 11 and 12 (7) - Legal Profession (Canons of Professional Ethics) Rules - Advertising regulations comprised in canons II (d) (ii), II(e), II (h), II (i), II (j), II(k) and II(l).

Defamation Act 2013 - Expiration of limitation period - Extension of time to file claim - Section 33