Live Stream: Annual Assize Service

NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



The Hon. Mr. Justice B. Andrew Rattray

McMain, Beverley v Carby, Trevor Anthony

Family Law — Section 13 of the Property (Rights of Spouses) Act - Fixed Date Claim Form filed seeking division of matrimonial home and an extension of time to make claim out of time - No separate Application filed seeking an extension of time -
Validity of Fixed Date Claim Form.

Neil, Vanetta v Halstead, Janice

Civil practice and procedure - Notice of application for court orders to strike out claim - Rule 26.3 (1) (b) of the Civil Procedure Rules - The Limitation of Actions Act 1881 (Jamaica) - English Limitation Act of 1623 21 James 1 Cap 16 - English Limitation Act 1980 - The Interpretation Act - Whether the claim is statute barred and an abuse of the process of the Court.

Forrest, Medine v Walker, Kevin Anthony and Pitt, Jhanelle Sabrina

Civil Practice and Procedure - Notice of application for summary judgment - Rule 15.2 (b) of the Civil Procedure Rules - Whether the defence has a realistic prospect of success - Whether the defence contains bare denial and in breach of Rule 10. 5 of the Civil Procedure Rules.

Salmon, Marsha v Scott, Neville

Civil Practice and Procedure - Oral application to strike out claimant’s statement of case for breach of order of the Court - Rule 26.3 (1) (a) of the Civil Procedure Rules - The Property (Rights of Spouses) Act - Extension of time not sought or granted before the claim was filed - Validity of the claim.

Francis, Avadawn v Malcome Audley et al

Civil Practice and ProcedureNotice of Application to set aside Default Judgment - Rule 13. 3 of the Civil Procedure Rules - Principles to be applied in setting aside a Default Judgment.

Sadler, Canute v Thompson, Dereick Michael et al

Civil Practice and Procedure - Costs - Default Costs Certificate obtained against the Defendants - Defendants’ Notice of Application to set aside Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules - Factors the Court should consider in setting aside Default Costs Certificate.

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