Latest Updates:

The Hon. Mr. Justice David Batts

Chung, Patrick v The Attorney General of Jamaica and the Director of Public Prosecutions

Constitutional law – Right to fair trial within a reasonable time – Period before charge 27 years – Period after charge 7 years – Incest – Indecent Assault – Whether delay breached right to hearing within a reasonable time – Whether right to fair hearing breached or is likely to be breached – Whether stay of proceedings the appropriate relief – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act – Section 16.

Cable and Wireless Jamaica Limited v Abrahams, Eric Jason

Company Law – Section 206 of the Companies Act - Scheme of Arrangement- Duty of court - Whether the Scheme of Arrangement is fair –Whether meeting to consider scheme properly constituted – Whether class or interest of shareholders relevant - Pending application to bring derivative action - Whether court should sanction the Scheme of Arrangement- Whether application to approve scheme should be stayed until after application for permission to bring derivative action is heard-Whether attorney who filed affidavit should appear as counsel.

JOSA Investments Limited v Promotions and Print Essentials Limited

Application to Strike out Claim –Arbitration - Section 12 (2) Arbitration Act (1900) – Construction of Contract – Mitigation of Damages – Whether misconduct - Whether error of law on face of the record – Court’s inherent jurisdiction – Whether reasonable ground to bring claim.

A1 Limited v Abrahams, Mary Grace

Application for stay of execution pending appeal – Application for removal of caveat - Application to strike out claim – Whether issue estoppel or res judicata – Judge reached age of retirement prior to delivery of judgment- Whether real prospect of success on appeal- Stare decisis - Whether Supreme Court bound by decision of court of appeal- Whether real risk of injustice if stay refused.

 

Brown, Neale v Global Leasing and Finance Company Limited

Contract - Mortgage - Loan – Money Lending Act – Section 8 Subsections (1) and (3) - whether mortgage illegal and unenforceable – Whether loan disbursed prior to execution of mortgage – Whether relief to be granted – Whether full loan disbursed

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