2023

Civil Procedure – Notice of Application for Court Orders to Strike Out Claim – Abuse of Process – Summary Judgment – Contra Proferentem Rule – Constructive Trust – Ambiguity – Limitation of Actions Act, s. 34 and 46 – Civil Procedure Rules, 1.1, 3.12, 15. 5(2), 15.5(5) and 26.3. 

Land Law – Recovery of Possession of Property – Whether the Title Holder is the Legal Owner of the Disputed Property –Whether the registered title is extinguished by the operation of the Limitation of Actions Act – Section 3 and 30 of the Limitation of Actions Act- Proprietary Estoppel – Whether the Claimant can rely on proprietary estoppel

Tort – Detinue – Motor vehicle documents seized by the servant and/ or agent of the Transport Authority of Jamaica – Motor vehicle documents misplaced while in the custody of the servants and/or agents of the Transport Authority of Jamaica – Constitutional Claim - Vindicatory Damages – Exemplary Damages

Trial – The Rode Code - motor vehicle accident – turning from major road on to minor road – duty of care of drivers and pedestrians - contributory negligence –apportionment of liability – fracture to both arms – quantum of damages

Insurance – Whether Striking out or Summary Judgment – Motor vehicle collision – Release and discharge executed not honoured – Fraudulent misrepresentation alleged by insurer – Burden of proof – Whether Accord and Satisfaction – Whether Breach of contract with claimant  - Civil Procedure Rules 10.5(1),(4),(5), 15.2(b), 26.3(1)(a),(c),(d) & 74.4 Motor Vehicle (Third Party Risks) Act, sections 4,8 & 18

Negligence – Motor Vehicle Accident – Motor Car and Pedal Cyclist – Credibility of Parties – Contributory Negligence – Whether the then minor Claimant was contributory negligent – Assessment of Damages – General Damages – Future Medical Care – Special Damages – Counterclaim – Agency – Relationship between Principal Actor and Third-Parties – Road Traffic Act s. 51 

Application to remove caveat – Injunction - Whether there is a serious issue to be tried - Whether damages are adequate –  Balance of convenience – Specific performance - Breach of contract.

Whether the Claimant is entitled to payment of sums due and owing under the Defendant’s Pension Scheme - Limitation of Actions Act - Whether Claim is statute barred - Whether the Claimant is entitled to Damages for Fraud

Civil Procedure: Part 65 – Taxation Proceedings- Default Costs Certificate - Application to set aside - Rule 65.22 (2) – Whether default costs certificate was properly issued - Rule 65.22 (3) – Whether good reason exists to set aside.

Civil Practice & Procedure - Defendant not permitted to rely on any witness statement – Undisputed evidence – Quantum of Damages to be awarded – Damages for False Imprisonment – Damages for Malicious Prosecution – Aggravated and Exemplary Damages – Special Damages