2023

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages

Civil Procedure - Rule 15.2 - application for summary judgment - Whether the claimant has a real prospect of succeeding in the claim – Conflicts of fact – Whether case appropriate for grant of summary judgment

Civil Procedure - Rule 13.3 - application to set aside default judgment; application for extension of time to file defence – prospects of success

Costs - Whether parties acted unreasonably in their conduct of the claim – Amended fixed date claim filed without permission of court is unreasonable – Breach of duty of candour is unreasonable – Breach of duty not to be selective is unreasonable

Application for interim injunction pursuant to section  49(h) Judicature (Supreme Court) Act – rule 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 – Whether right of first refusal gives the applicant an equitable interest in property - Whether there is a serious issue to be tried - Whether damages an adequate remedy – Balance of convenience - Whether injunction is mandatory or prohibitory - Likely prejudice - Preservation of status quo

Civil Procedure - Application for security for costs – Whether dual residence- Whether Claimant ordinarily resident outside the jurisdiction - Whether there is a probability of the claim being stifled - Specific disclosure and request for information – Whether employee’s address confidential and not to be disclosed -Whether information requested is “directly relevant”.

Constitution – What is a judgment -- Retirement of Judge of Appeal  Whether tenure of Judge of Appeal was extended - Whether judgment delivered is a nullity - Breach of right to a fair hearing within a reasonable time by an independent and impartial court established by law - Damages
Jamaica (Constitution) Order in Council 1962, Section 106, The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(1), The Gazette Act, The Interpretation Act

Defamation – Publication containing defamatory imputation against the claimant – Meaning of words published – Implications – Innuendo
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendant is relevant –
Defence – Defence of truth – Defence of fair comment
Damages – Principle of compensation to an individual claimant – The Defamation

Judicial Review – Application for leave - Whether Attorney General is a proper party - Whether applicant claims against the decision maker - Threshold Test — Whether arguable grounds with realistic prospect of success – Whether breach of natural justice - Whether alternate remedy is by way of appeal to Appeal Tribunal
Education Act and Regulations - Part 56 Civil Procedure Rules.

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence –– Absence of initial medical report - Expert Evidence – Damages