2023

Civil Procedure Rule. – Whether amendments in respect of claim for remedies and constitutional relief amounts to new causes of action – Whether to amend the Claim Form and Particulars of Claim after the Limitation Period to include Remedies - Application of Civil Procedure Rules (CPR) 2002: Rules 8.7, 20.1, 20.4, 20.6, 64.2 and 64.3

Civil Practice & Procedure – Striking out statement of case – Abuse of the process of the Court – Civil Procedure Rule 26. 3 (1) (b) & (c) – Issue Estoppel – Henderson v Henderson Estoppel

False imprisonment – Detinue – Section 33 of the Constabulary Force Act – Whether failure to plead that the officers acted maliciously or without reasonable and probable cause is fatal to the claim

Assessment of Damages – Negligence – Application to permit medical reports to be
admitted into evidence without the need to call the maker pursuant to sections 31E and
31F of the Evidence Act – Whether the lump sum or multiplier-multiplicand approach
should be used to determine handicap on the labour market.

Whether will a forgery – Whether signature appearing on document purporting to
be last will and testament that of deceased – Expert evidence - Evidence of
individual allegedly present when purported will was executed.

Judicial Review - Re-enlistment of police officer – Officer fails to respond to
notice of non-recommendation before period of enlistment expires – Officer
removed from Force – Officer not considered dismissed – Reinstatement not
Application re-enlistment – Legitimate expectations – Jamaica Constabulary
Force Act, Police Services Regulations, – Book of Rules for the Guidance and
General Direction of the Jamaica Constabulary Force

Proprietary estoppel - House built on land with consent - Intention of the
parties - Extent of equitable interest - Determine proportionality between
expectation and detriment, unconscionability test - Building Act, 2018.

Injunction – Granted without notice – Whether there was material non-disclosure – Whether injunction to be discharged for failure to give notice of hearing- Clean Hands- Rule 11.16(3) Civil Procedure Rules.

Leave to apply for judicial review- Extension of time - University Visitor ruled that he had no jurisdiction - Error of law - Whether decision of Visitor subject to judicial review - Whether leave should be granted against the Minister.

Restrictive Covenant – Part 26 Civil Procedure Rule- Rule 26.1(v) – Notice to Parties
of the Court’s intention to make orders of its own volition at a hearing – Breach
specific modification – Inordinate delay – Explanation of delay – The question of
prejudice