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Claim Number: SU 2016HCV02322
Neutral Citation: [2024] JMSC Civ 140
Tuesday, November 12, 2024
Keyword(s): Nuisance – Commercial Lease – Noise from Adjoining Nightclub – Landlord liable in Nuisance if Participated Directly – Whether Landlord Liable for Breach of Covenant of Quiet Enjoyment – Whether Doctrine of Frustration applies – Alteration to Premises – Unstamped Lease Agreement Inadmissible for Enforcement of its Terms – Common Law – Privity of Contract – Parties agreed to be...
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Claim Number: SU2024CV02761
Neutral Citation: [2024] JMSC Civ. 138
Friday, November 8, 2024
Keyword(s): Application for leave to apply for Judicial Review - Application for extension of time to apply for leave for Judicial Review - Failure to pursue alternative remedy - Legitimate Expectation - Section 18 of the Pilotage Act - Expediency.
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Claim Number: 2016HCV04524
Neutral Citation: [2024] JMSC Civ 143
Thursday, November 7, 2024
Keyword(s): Assessment of damages – General damages - Pain and suffering and loss of amenities – The cost for post surgery.
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Claim Number: SU2021CV05277
Neutral Citation: [2024] JMSC Civ 135
Wednesday, November 6, 2024
Keyword(s): Judicial Review – Dismissal of Teacher – Allegation of failure to submit lesson plans – Fair Hearing – Breach of the Education Regulations – Procedural Impropriety – Bias – Whether right to Cross-Examine – Hearsay Evidence – Defects in the Application of the Rules of Natural Justice by an Inferior Tribunal can be Cured by a Subsequent Proceeding in an Appellate Court or Tribunal with Review...
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Claim Number: SU2023CV03419
Neutral Citation: [2024] JMSC Civ 133
Friday, November 1, 2024
Keyword(s): Civil Practice and Procedure – Application to Set Aside Default Judgment – CPR Rule 13.3 – Whether or not the Defendants have a Defence with a Real Prospect of Success
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Claim Number: 2017 HCV 01093
Neutral Citation: [2024] JMSC Civ 139
Friday, November 1, 2024
Keyword(s): Interpretation of a Contract - Lease between initial tenants later assigned to Claimant – after death of landlord Claimant sought to exercise option to purchase – land occupied by the Claimant is larger than what is described in the lease – Construction of the term of the lease – Error in Contract – Whether business efficacy is a suitable method in interpreting contracts where an existing...
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Claim Number: SU2021CD00281
Neutral Citation: [2024] JMCC Comm 40
Wednesday, October 30, 2024
Keyword(s): Civil Procedure –Default Cost Certificate – Whether there is a good reason to set aside the Default Cost Certificate – Civil Procedure Rules 64.6, 65.20 and 65.22
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Claim Number: SU2023CV00221
Neutral Citation: [2024] JMSC Civ 78
Wednesday, October 30, 2024
Keyword(s): Judicial Review – Application for leave - Whether a member of the Jamaica Constabulary Force can record his/her own statement as both its maker and recorder – Parish Judge committed accused to stand trial in Circuit Court – Whether statutory requirements for committal on paper complied with – Whether insufficiency of evidence or error in reception of evidence – Statutory ...
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Claim Number: 2010HCV01336
Neutral Citation: [2024] JMSC Civ 119
Friday, October 25, 2024
Keyword(s): Civil Procedure - CPR 13.2, 13.3- Whether default judgment should be set aside because particulars amended after the default judgment was entered - Whether default judgment should be set aside because amended particulars were not served personally on the Defendant - CPR 39.6 Whether judgment on assessment should be set aside as notice of assessment not served on Defendant - Notice of assessment...
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Claim Number: SU2020CV00530
Neutral Citation: [2024] JMSC Civ 132
Friday, October 25, 2024
Keyword(s): Contempt Proceedings - Breach of Injunction- Motion for Committal - Part 53 Civil Procedure- Civil Contempt - Standard of Proof - Purpose of injunction