NOTICE

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

 



The Hon. Mr. Justice Bertram Morrison

Gordon, Goreth v Gordon, Elvis

Whether husband’s business and other assets purchased therefrom are matrimonial property – Application by Wife who worked in business for division of matrimonial property – The Property (Right of Spouses) Act, Section (14) – Whether wife entitled to a share of matrimonial property

Hogan, James and Lattibudaire, Rene v Al-Tec Limited

Claimant’s application for sale of land – Defendants application for judgment to be set aside – Whether judgment irregularly entered – Service of documents – Civil Procedure Rules – Rules 5.11(2), 8.16(1), 12.4, 13.3, 39.6 – Whether different order would have been made had Defendant attended assessment hearing

Hendricks, Vallen Donovan v Hendricks, Pauline Paula

Application for maintenance of child of marriage – Maintenance Act – Principles – Application for extension of time – Principles – Property (Right of Spouses) Act – Application for entitlement to share in property – Family Home – Resulting in trust/Constructive Trust – Principle

Shim, Elonia v Shim, Miguel

Husband and Wife - Whether property is matrimonial property –
Couple married and lived in England – Subsequently returning to Jamaica – Defendant inheriting property – Application for division of property – Last will and testament of defendant disposing of contested property – Prior will naming Claimant as beneficiary – Divorce proceedings by Defendant aborted

Lincoln, Carlos v Forrrester, Glover

Damages - Assessment of damages – Defendant’s defence limited to quantum – Whether Claimant’s arthritis/spondolysis asymptomatic – Whether accident worsened his condition

Moore, Kevin v Symsure Limited

Application for Court Orders – Security for Costs –Principles – Part 24 of the Civil Procedure Rules – Affidavit Evidence – Part 30 of the Civil Procedure Rules

Wilson, Roy v Juicy Beef Limited and Reid, Paul

Motor vehicle accident – No issue as to liability – Defence limited to quantum – General Damages – Nature and extent of injuries – Treatment – Impairment rating – Prognosis – Handicap on the Labour Market

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