Lascelles, de Mercado & Company Limited v Financial Services Commission and Black Sands Acquisitions Inc.
Securities act and securities (take-overs and mergers) regulations, 1999 – Rules of the Jamaica stock exchange – Whether right of appeal or judicial review-nature of section 25 proceedings – Take-over bid circular – Duty to treat with same standard of care as prospectus – Whether satisfactory proof that offeror able or will be able to implement the offer in full – Tom regulations 24, 16(1)(g), 14(3) – Duties of parties to takeover to prevent false market in shares – Whether bona fide offer – Whether issue of dissatisfaction by directors of offeree board to be dealt with in directors’ circul
Willis, Mecheck v Globe Insurance Company Limited
Insurance law
Williams, Ralph And Williams, Marc et al v The Commissioner of Lands and Times Square West Holdings Limited
Interlocutory injunction – Adverse possession claim – Registered land – Sections 3, 4(a), 30 and 38 of theLimitation of actions act sections 68, 69, 70, 71, 85 - 87, and 161 of the Registration of Titles Act – Remedies – Interim declaration against the crown – Section 16 of the Crown Proceedings Act.
Valley Slurry Seal (Caribbean) Limited and Lewis, Earl v Valley Slurry Seal Company and Reed, Jeffrey
Company law - derivative action - Section 212 of the Companies Act - Need to seek court’s leave - Want of jurisdiction without leave - Service on defendants abroad - Need for strict compliance with rules – Rules 11.15, 9.6, 7.7 and 5.12 of the CPR - Civil practice and procedure - Striking out-rule 26.3 of the CPR.
McFarlane, Violet, Campbell, Igol v Eugster, John, Eugster, Kathleen et al
Adverse possession - Individual claims to possession of many distinct portions of land within large expanses of registered land - Section 3, 30 of limitation of actions act - claim to over 12 years possession but no application to become registered under section 85 of registration of titles act - registered ownership of land changing - Section 68,70,71,85,161 of registration of titles act - When does time begin to run - Conclusiveness and indefeasibility of registered title - Meaning of "subsequent operation of any satute of limitation"
Smith, Winston and Pleasurephonics Limited v Scott, Constantine and Scott, Croswell et al
Property dispute – Claim to equitable interest – Claim to entitlement to apply for letter of administration.
San Souci Limited v VRL Services Limited
Practice and procedure – Application to strike out – Abuse of process – No reasonable ground for bringing claim – Rule 26.3(1)(b) and 26.3(1)(c) CPR – Arbitration proceedings – Issue estoppel and res judicata.
Richardson, Dorrett v Richardson, Ernest
Matrimonial property - Consent order - Whether consent order constitutes a contract between the parties, if so in what terms - Partition Act - Where consent order provides remedy upon default of one party’s obligation, whether court enabled to reopen the question of share of entitlement in property
R A. Murray International Limited v Goldson, Brian
Arbitration proceedings-section 12(1) of the Arbitration Act - Removal of arbitrator for misconduct - Meaning of “misconduct”- Matters that may properly be taken into account - removal of arbitrator for apparent bias – Whether real danger of bias.
Ofer, Raziel v Thomas, George and George Thomas & Col. Et al
Practice and Procedure - Costs - Whether to be taxed immdiately - Whether special costs certificate to be granted.
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