2023

Admiralty - Negligence – Whether waves generated by moving vessel caused damage - Whether damage reasonably foreseeable - Whether duty of care- Whether operator of moving vessel in breach of duty of care - Whether damaged vessel moored in unreasonably shallow water - Whether contributory negligence - Measure of damages - Whether total loss - Whether cost of maintaining vessel until trial recoverable - Whether loss of use recoverable for pleasure craft.

Defamation – Assessment of Damages – Aggravated Damages – Exemplary Damages – Special Damages – Interest – Admissibility of Evidence

Section 13 (2) of the Constitution of Jamaica – Section 13 (3) (h) of the Charter of Fundamental Rights and Freedoms –– Whether the words equitable and humane should be read conjunctively – Whether inhumane treatment applies to a Company – Whether the parties are similarly circumstanced - Section 2 (4) of the Natural Resources (Prescribed Areas) (Prohibition of Categories of Enterprise, Construction and Development) Order, 1996 as amended in 2015– Compensatory and Vindicatory Damages

Negligence – Motor vehicle accident while claimant being trained to drive employer’s bus – Employer’s Liability – Duty of care owed by an employer to an employee – Whether employer provided employee with a safe system of work – Whether employer should have trained an employee who had no driver’s licence and no prior experience in driving – Whether employer provided employee with adequate training – Whether driving instructor did all that he reasonably could do to assist the claimant to avoid the accident – Defence of contributory negligence and volenti non fit injuria – Whether claimant hee

Application for summary judgment – Application to strike out statement of case -  Whether defence is a bare denial  – Whether defence of inevitable  accident established - Liability for negligence 

Civil Procedure - Relief from Sanction - Whether the application was promptly made - Whether the failure to comply was not intentional - Whether there is a good explanation for the failure to comply

Application challenging the jurisdiction of the court to hear the claim - Whether the failure of the Claimant to serve the prescribed notes to the Defendant and form of defence with the claim form during the life of the claim is a nullity - Whether amendments made after the expiration of the limitation period should be permitted to stand - The duty of a litigant to pursue his claim and to take all reasonable steps to secure a date for the hearing of the application - The requirement to file an application and a supporting affidavit simultaneously.

Family law- Section 2 of the Intestates’ Estates and Property Charges Act – Whether a Common Law relationship existed between the Applicant and the Deceased – Whether the Applicant is a spouse within the meaning of the Act.

Judicial Review – Irrationality and Unreasonableness – Breach of Natural Justice

Appeal against the findings of the Fair Trading Commission - Appellate jurisdiction of the Supreme Court - Sections 7, 19, 20, 21, 22 and 49 of the Fair Competition Act - Part 60 Civil Procedure Rules, 2002 - Anti-competitive practices - Whether hearing should have been held- whether sufficient opportunity to be heard afforded - Whether an expressed promise or policy establishes a legitimate expectation - Whether there is a breach of procedural fairness