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
Zelaya-Miller, Sandra v Getfield, Festus Consolidated with Zelaya-Miller, Sandra v Getfield, Festus
Property Law - Land – Registered land – Application to bring land under the Registration of Titles Act – Allegation of fraud – Meaning of fraud under the Registration of Titles Act – Whether title obtained by fraud – Whether the claim for fraud is statute barred.
Limitation of Act sections 3, 4, 8, 27 and 30
Gayle, Hupert v The Transport Authority
Civil Procedure – Application to strike out claimant’s statement of case – Claim for wrongful dismissal – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the claim – The distinction between a claim for wrongful dismissal and one for unjustifiable dismissal – Whether the claimant’s statement of case ought properly to be struck out – Sections 11 and 11B, The Labour Relations and Industrial Disputes Act – Rules 9.6 and 26, Civil Procedure Rules, 2002, as amended
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