Taylor, Theophilus v Dahlia Valentine
Civil Practice & Procedure Negligence – Motor vehicle accident – Personal injury – Whether the Claimant was contributory negligent – Apportionment of liability – Assessment of damages
Rex v Gordon, Christopher
Criminal Law - Change/Withdrawal of Plea – Principles arising from R v Dodd (1981) 74 Cr App R 50 and summarised in Shadrach Momah v R [2011] JMCA Crim 54 – Whether the Court should exercise its discretion to allow an accused to change his plea of guilty to one of not guilty.
New Era Developments Ltd et al v New Era Properties Ltd et al
Civil Practice & Procedure – Application for interim injunction – Requirements for the grant of an interim injunction – American Cyanamid Co. v Ethicon Ltd. – Whether there is a serious issue to be tried – Whether damages is an adequate remedy – Balance of convenience – Section 4 of the Restrictive Covenants (Discharge and Modification) Act – Whether stay of proceedings is appropriate given the fact that the Defendants have applied to remedy the breach
Watts, Lelieth v Sydnia Matheson
Civil Practice & Procedure Doctrine of Res Judicata – Who is entitled to the residuary estate – Fit and proper person to apply for Letters of Administration with Will Annexed – Section 20 of the Wills Act – Intestates’ Estates and Property Charges Act – Declaration of Paternity – Status of Children Act– Sections 7 (1) (b) and 10 (2) of the Status of Children Act – Costs – Court’s power to vary or revoke Orders made
Hall, Kishane v Tapple, Kemwell and Kenardo Nicholas
Tort – Negligence – Motor Vehicle Collision – Whether Defendant Breached his Duty of Care to the Claimant and Caused Loss and Damage. Tort – Negligence – Contributory Negligence – Motor Vehicle Collision – Whether Claimant Contributed in Whole or in Part to his Losses. Assessment of Damages – Quantum of Damages to be Awarded – Whether a Medical Report is Necessary before the Court can find that a Claimant is Injured – Whether Claimant Has Proved His Injuries Despite Absence of Medical Report. Legislation – Road Traffic Act 1938 – s. 51.
Blake, Glanville v Peter Thompson, et al
CIVIL PRACTICE & PROCEDURE Whether an applicant is entitled to have a subsequent Notice of Application for relief from sanctions and/or permission for documents and witness statements to stand heard, given that earlier orders, namely an unless order resulting in the striking out of a prior application, have already dealt with the non-compliance – Application for Relief from Sanctions – Rule 26.8 of the CPR – Whether the application was made promptly – Whether the application is supported by evidence on affidavit – Whether the failure to comply was not intentional – Whether there is a