2023

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

CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2) and (3)(j)(iii), 16(2) & 19 – Whether section 21 of the Cybercrimes Act breaches the Claimant’s fundamental rights and freedoms guaranteed under section 13(3)(j)(iii) of the Charter – Whether any breach of the Claimant’s right to privacy guaranteed under section 13(3)(j)(ii) of the Charter are demonstrably justified in a free and democratic society – Whether breach of Claimant’s rights guaranteed under section 16(2) – Proportionality - Pr

Breach of contract - Promissory note - Section 35,36 and 50 of the Stamp Duty Act - Whether sums advanced amount to a loan or deposit on acquisition of shares in company - Whether promissory -  Note valid and enforceable -  Whether equitable mortgage created.

Civil procedure - Notice of application - Whether issue of striking out is Res Judicata - Claim form proceedings - Whether claim ought to have been commenced by means of claim form - Conversion of proceedings from fixed date form to claim form 

Civil Procedure – Rule 15.2 – Application for summary judgment – Whether there is a real prospect of successfully bringing or defending the claim – Real property law – Unpaid purchase price – Whether vendor’s lien created – Whether vendor’s lien abandoned – Whether there was a variation of the agreement for sale – Limitation of Actions Act – Whether the claim for unpaid balance of purchase price is statute- barred – Company law – Whether settlement agreement signed by one director is binding on the company

Whether unstamped agreement for sale and unregistered vendor’s mortgage are enforceable in equity - Whether equitable mortgagee is entitled to possession of mortgaged Property on default by equitable mortgagors - Whether purchasers and equitable mortgagors of land entitled to an order of specific performance commanding the vendor and equitable mortgagee to register transfer of property to them - Exercise of inherent jurisdiction to make declaratory reliefs as to parties’ status in relation to the property in lieu of order for specific performance.