Gayle, Naveiney (Personally, and as Administrator Ad Litem, In the Estate of Vijae Gayle, Deceased and Burns Gayle v Board of Management, University Hospital of the West Indies
Negligence – Medical negligence – The duty of care owed by a medical practitioner to a patient – Patient admitted at hospital over a period of six days – Patient died while admitted in hospital – Whether the medical practitioners attached to the hospital owed a duty of care to the patient – Whether the medical practitioners attached to the hospital breached that duty of care – Whether the medical practitioners attached to the hospital used all proper professional skill, care, competence and diligence during their investigation, diagnosis, management and treatment of the patient – Causation
McKenzie, Karen v Fullerton, Veronica
Civil Practice and Procedure –– Land Law ––Trespass to Land –– Whether the Claimant is entitled to damages for trespass –– Whether the Claimant is entitled to a declaration that she is the beneficial owner of the disputed area –– Whether the Defendant acquiesced in the disputed boundary for a period exceeding seven years –– Whether the Defendant trespassed on the disputed area and unlawfully demolished the boundary wall ––Encroachment –– Adverse Possession –– Reputed Boundary Wall –– Breach of Boundary Wall –– Whether the Claimant and her predecessor-in-title have adversely possessed the re
Vassell, Sheron v Vassell, William
Property (Rights of Spouses) Act – Claimant’s entitlement to an interest in properties other than ‘family home’ – Claimant’s monetary and non-monetary contributions to the acquisition, conservation or improvement of the said properties – Section 14 of the Property (Rights of Spouses) Act
Campbell, Carlton Edward v Willacy, Jacqueline
Land – Fraud – Forgery – Whether the signature of the deceased was forged – Burden of proof – Standard of proof – Expert evidence – The approach of the court when considered conflicting expert evidence – The Forgery Act, section 3 – The Registration of Titles Act – Sections 68, 70, 71 and 161 – The Civil Procedure Rules, 2002, as amended, rule 8.1(3), 8.1(4), 8.8(3), 8.8(4), 8.9, 32.13
Reid, Ruel, Fritz Pinnock, Sharon Reid and Sharelle Reid v Hogarth, Jewel (The Clerk of the Courts), Her Honour Ms. Sanchia Burrell and Financial Investigations Division
Judicial Review - Renewed application for leave to apply for judicial review – Parish Court Judge – Ruling that Order for Indictment properly made – Whether appeal an alternate remedy – Whether ruling intra vires – Whether application has real prospect of success- Award of costs.
Cameron, Wayne (Chairman of Jamaica Police Officers' Association) v Commissioner of Police
Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Whether the threshold for leave to apply for judicial review is a low one Incorporated and unincorporated associations – Whether the police officers’ association is an incorporated or an unincorporated association – Whether the police officers’ association is an entity which is known to law Illegality – Whether the decision of the commissioner of police to direct that the position of the chairman of the police officers’ a
Jamaica Association of Composers Authors & Publishers Limited v KLAS Sports Radio
Copyright – Copyright infringement – Assessment of damages
RN v SKIL and SM
Civil Procedure – Application for relief from sanctions – Multiple applications made by the claimant for relief from sanctions for the failure to file and exchange his witness statement within the time stipulated by order of the court – Application for relief from sanctions refused by the court – Res judicata – Whether the doctrine of res judicata applies to the subsequent application for relief from sanctions – Whether the doctrine of res judicata applies to discretionary decisions which are made at an interlocutory stage and before any findings of fact are made – Issue estoppel – Whether
Donaldson, Matthew v Brownie, Chescot, Henry McCUrdy and Garth Wilkinson et al
Injunction – Application for interim injunction – Whether the threshold test for the grant of an injunction has been met – Whether the applicant has demonstrated on a preponderance of the evidence that there is a serious issue to be tried – Fraud – Whether there is sufficient cogent evidence before the court to establish fraud – Presumption of advancement – Whether the presumption of advancement has been rebutted on the evidence – Balance of convenience – Whether the balance of convenience lies in favour of granting the injunctive relief sought – Damages.
Robinson, Kenya v Ashley, Her Honour Ms. Ashley
Judicial Review – Committal proceedings – Committal proceedings conducted by a single judge of the parish court sitting as an examining justice in a court of petty sessions – Accused person committed to stand trial in the circuit court for the offence of murder – Whether the decision of the examining justice is amenable to judicial review – Whether the statutory requirements for a committal on paper were complied with – Whether the impugned witness statement met the statutory requirements for admissibility – Whether the impugned witness statement purports to be signed by the maker and the r
Pagination
- Page 1
- Next page