2024

JUDICIAL REVIEW - Part 56 CPR –Order for Certiorari - Whether the award was illegal for being ultra vires Section 12(1), 12(4) (b), 12(4B) (b) and 12(5)(c)(i) of the Labour Relations and Industrial Disputes Act - Whether the award breached the Claimants’ right to a fair hearing guaranteed under Section 16(2) of the Charter of Fundamental Rights & Freedoms - Whether the award was unreasonable and or irrational.

Stay of taxation proceedings pending appeal - Extension of time to file points of dispute - Whether points of dispute to be filed to permit such application - Whether application for extension of time to file bill of costs permissible under CPR 65 - CPR 65(18) – CPR 65(19) – CPR 65(20)

Negligence – Motor vehicle accident - Whether there was a breach of a duty of care.

Civil Practice and Procedure – Commencement of Action – Filing of Claim Form – Rule 8.1 – When is a Claim Commenced – Whether Date for Commencement of Action can be extended under rule 3.2(5) Where the Period for Doing an Act Requiring the Court’s Action Ends on a Day When the Court’s Office is Closed.
Statutory Interpretation - Limitations of Actions Act – When Limitation Period Ends in a Case Involving a “Fraction of a Day”.

Civil Procedure - CPR 26.3(1) (b) and (c) - Application to strike out statement of case - Whether claim discloses a reasonable ground for bringing a claim in negligence or a claim for discrimination on the basis of age-Whether claim is an abuse of process.
Application for Default Judgment - Part 12 CPR.
Service of court documents other than a claim form by email.

Constitutional Law – Judicial Review – Legality of an Accountability Agreement – Constitutionality of Regulation 14(2) of the Public Service Regulations – Whether the actions of the 1st and 3rd defendants were tainted with illegality, irrationality or procedural impropriety – Right to Make Representations and Review Documentation – Obligation to Give Reasons – Legitimate Expectation – Bias – Breach of Constitutional Right to Equality Before the Law – Constitutional Damages – Costs – The Constitution of Jamaica sections 125 and 127 – The Charter of Fundamental Rights and Freedom section 13(3

Trial – Sale of apartment – Legal and equitable interest acquired in property – No receipts evidencing sale – Notice to Quit

Trial – Motor vehicle accident – Liability – Negligence.

Civil Procedure –– Application to enter Default Judgment –– Application for Defence to stand –– Application for Extension of time to file Defence –– Relevant considerations –– Whether the delay was lengthy and inordinate –– Whether a good explanation/reason was provided –– Whether Defence has a real prospect of success –– Locus Standi –– Whether a ‘Second Executor’ can commence an action in another estate.

Personal injury claim – Whether claimant should be permitted to amplify his witness statement under CPR 29.1 (a) – Whether claimant permitted to rely on documents not previously disclosed - Whether claimant has proven breach of duty under the Occupiers’ Liability Act- Whether causal connection between injury and alleged breach of duty.