2022

In Admiralty- CPR 17.6(1)(d), 28.1(4), 28.6, 28.7, 34.2 - Interim Payment - Request for Further Information - Specific Disclosure - Litigation Privilege.

Whether claimant entitled to disputed property - Whether executor in breach of
fiduciary duty - Whether executor negligent – Whether defendant has intermeddled
in the estate of deceased - Whether claimant is entitled to an accounting.

Injunctions - Part 17 of the CPR - Procedural Irregularity - Failure to Comply with CPR rule 8.8(2)(a) - CPR rule 26.9 - Res judicata - Estoppel

Contract for fee sharing between Attorneys - Whether mere referral - Breach of Canon IV (g) of the Legal Profession (Canons of Professional Ethics) Rules - Whether contract is unenforceable by reason of public policy – Attorneys’ fees in the administration of estate

Constitutional law – Fundamental rights – Redress – Constitutional claim challenging the lawfulness of bauxite mining activities on the part of the defendants – Breach of fundamental rights – Right to life – Right to receive information – Right to reside in any part of Jamaica – Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage – Right to protection from degrading treatment.

Civil Procedure – Interlocutory application to strike out impugned paragraphs contained in specific affidavits – Relevance – Whether the evidence contained in those affidavits is relevant – Admissibility – Admissibility of evidence contained in specific affidavits – Whether the statements contained in the affidavits are scandalous – Whether the statements contained in the affidavits are irrelevant or otherwise oppressive rendering them inadmissible – Whether the statements contained in specific affidavits if allowed to remain would impede the just disposition of the matter – Whether the pre

Judicial review – Military law – Jurisdiction of court – Discharge from military – Whether claim justiciable – Breach of natural justice – Defence Act - The Defence (Regular Force Enlistment and Service) Regulations, 1962 – Force Standing Orders

Application to set aside – Substituted service – Overriding objective – Whether insurance company has done enough to bring documents to insured’s attention – Effect of service of unsealed order 

Civil Practice & Procedure - Application for Leave to Appeal – Considerations on application for leave to appeal – Realistic Prospect of Success – Case Management Powers of the Court – Part 26 of the Civil Procedure Rules

Application to Strike Out Statement of Case - Crown Proceedings Act - Constabulary
Force Act - Claim brought in respect of Judge of the Supreme Court - Prosecutor and

Police - Malicious Prosecution - False Imprisonment - Loss of Family Life?