2023

Motor Vehicle Accident – Negligence – Res Ispa Loquitur – Apportionment of
Liability -- Assessment of Damages.

Assessment of Damages – Mechanical back pain – Lumbago – Paraspinal muscle
strain – Pain and suffering – Loss of amenities – Significance of no impairment on
award for general damages – Relevant considerations for award of loss of earnings.

Constitutional law – Standing to commence constitutional claim – Whether company has locus standi to commence a claim for constitutional redress under section 19(1) of the Charter of Fundamental Rights and Freedoms in its own right - Whether a company can claim environmental rights under the Charter of Fundamental Rights and Freedoms - 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 practice and procedure - Application to register foreign order - Whether order from Florida Court capable of registration under the Judgments (Foreign) (Reciprocal Enforcement) Act - Application to enforce disclosure order of a Foreign Court - Whether or not interim disclosure order from a Florida Court capable of enforcement in Jamaica at common law - Application to register foreign order - Proper procedure to utilise to initiate application - Whether fixed date claim form to be used or application for Court Order in Form 7

Assessment of Damages – Nominal Damages for Loss of Use of Motor Vehicle – Pain and Suffering with whiplash injury with 10% PPD – Whether a claim for handicap on the labour
market should be specifically pleaded

ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Loss of
earnings – Proof of specific damages – Pre-existing condition - General damages –
Relevant considerations

Application to strike out portions of first claimant’s affidavit 

Property Rights of Spouses Act - application for extension of time to file claim –
factors to be considered - Limitation of Actions Act.

Civil Procedure – Severance of joint tenancy – Whether claim for division of
property under Property (Rights of Spouses) Act barred by statutory limitation
period prescribed by section 13(2) of the Act – Whether property to be partitioned
and sold and proceeds of sale apportioned under provisions of Partition Act –
Sections 2(2), 3, 4 and 5 of Partition Act

Application for leave to apply for judicial review - Seizure of firearm pending investigation into criminal charges - Whether seizure is in contravention of the Firearms (Prohibition, Restriction and Regulation) Act 2022 or Firearms Act, 1967 - Delay as a bar - Alternate remedy provided in stature - Firearms Act, 1967 applied.