2023

Civil practice and procedure - Security for costs application - Ordinarily resident abroad - No assets in the jurisdiction - Whether unable to pay costs -  Delay in bringing the application 

Tort - Malicious prosecution - Whether or not investigating officer had reasonable and or probable cause to prosecute. 

Application for Interim Injunction - Whether there is a serious issue to be tried- Whether Damages would be an adequate remedy - Whether the Claimants have a transferrable interest in property- Adverse Possession - Sections 81 and 160 of the Registration of Titles Act - Section 30 of the Limitation of Actions Act.

Application for a Stay of Civil Proceedings - Rule 26.1(e) Civil Procedure Rules, 2002 – Disclosure in criminal proceedings - Whether there is a real as opposed to a notional risk of serious prejudice - Right of silence in criminal proceedings – Real risk of injustice

Mortgage – Duty of Mortgagee exercising Power of Sale – Whether property sufficiently described in advertisement - Valuation

Specific Disclosure - Rules 28.1, 28.6, 28.7 considered - Striking out for non-compliance with previous ordered - Rules 26.3 (1),26.4(1) and 28.14 (2) considered - Unless Orders

Constitution - Power to Transfer Permanent Secretary - Legitimate Expectation-
Breach of Natural Justice – Damages – Injunction - Certiorari
Sections 1(2)(a), 1(2)(b), 93 and 126 of the Jamaica (Constitution), Order in Council
1962

Assessment of Damages – Occupier’s liability – Loss of earning capacity/handicap on the labour market – Lump sum approach or multiplier/multiplicand method – Personal injuries.

Contract for sale of land - Breach of contract - Whether there are sufficient acts of part performance by party - Equitable remedy of specific performance.

Leave to apply for judicial review - Production Order - Disclosure - Ultra Vires -
Unreasonable - Section 21 of the Cybercrime Act