2022

Contract for supply of electricity to premises occupied by claimant - Under registration of electricity  consumption - Disconnection of electricity - Claimant's business suffers financial loss - Claimant commences action against 1st defendant for breach of contract and negligence - Privity of contract - Breach of duty - Whether 1st defendant entitled to payment for under-registration - JPS Back billing  for six years.

Assessment of Damages - Negligence

Application to strike out inadmissible affidavit evidence - Rule against hearsay - Rule 30.3 of the Civil Procedure Rules

Declaratory Relief - Procedure for Dismissal from the Jamaica Constabulary Force
Who has the power to dismiss a member of the Jamaica Constabulary Force -
Sections 90(1), 125, 130, 131 Jamaica (Constitution) Order in Council 1962 - Power
to delegate a constitutional power vested in the Governor General- Section 38
Police Service Regulations-Section 5 Jamaica Constabulary Force Act - Effect of
non- re-enlistment in the Jamaica Constabulary Force Act

Judicial review – Decision of inferior tribunal that the applicant is guilty of professional misconduct – Whether decision is susceptible to judicial review – Whether the inferior tribunal acted ultra vires its statutory authority
Judicial review – Prerogative order – Leave to apply for – Application for leave – Need for applicant to establish arguable case with a reasonable prospect of success – Evidence – Need for judge to review evidence
Judicial review – When proceedings appropriate – Availability of suitable alternative means of raising issue

Assessment of Damages – Defamation – Malice - Aggravated damages – Exemplary
damages.

Application for separate trial of preliminary issue – Court’s Case Management Power – Power of Court to dispose of other applications at first hearing –
Distinction between summary judgment and trial of preliminary issue – Factors to be considered upon application for separate trial of preliminary issues – Can
application be determined without consideration of evidence.

Misrepresentation -Whether there were false assertions by the receiver and/or the
mortgagee appointing him that, inter alia, the duplicate certificates of titles for lots
were lost or misplaced
Agency - Whether the receiver is the agent of mortgagee

Contract for services - Whether once signed a party is bound by its terms - Whether termination clause inserted after it was signed - Whether Non est factum applies-Whether contract lawfully terminated – Practice – Whether bundle of documents “not agreed” should be filed.

Insolvency - Proposal made to secured creditors only – Whether meeting of creditors to consider proposal properly constituted – Whether unsecured creditors have a right to vote –Insolvency Act – Sections 5, 7,15,18,19,22 and 38-Observations on role of the Supervisor of Insolvency - Preliminary point- Whether party who files written submission out of time, and in breach of an order of the court, ought to be permitted to make submissions.