Hall, Kishane v Kemwell Tapple and Kenardo Nicholas
Tort – Negligence – Motor Vehicle Collision – Whether Defendant Breached his Duty of Care to the Claimant and Caused Loss and Damage. Tort – Negligence – Contributory Negligence – Motor Vehicle Collision – Whether Claimant Contributed in Whole or in Part to his Losses. Assessment of Damages – Quantum of Damages to be Awarded – Whether a Medical Report is Necessary before the Court can find that a Claimant is Injured – Whether Claimant Has Proved His Injuries Despite Absence of Medical Report. Legislation – Road Traffic Act 1938 – s. 51.
Jason Nicholas Facey v Innovative Exterminators Ltd et al
Assessment of Damages – Damages for Negligence – Quantum of Damages – Whiplash Type Injury to Neck – Lumbar Strain
Dawkins, Theresa v Davidson, Patrick, Annalesa Williams-Davidson and Andrew Williams
Tort – Negligence – Personal Injury – Assessment of Damages – Injured party died before assessment of damages – Principles involved in assessing damages where party dies before assessment of damages – Civil Practice and Procedure – Assessment of damages – Quantum of damages – Whether assessment should be substantial damages or nominal damages.
Brooks-Mullings, Paulette May et al v Watson-Copeland, Annette Alicia
Land Law – Recovery of pPossession – Whether or not the Claimants are entitled to recovery of possession of property from the Defendant who is a Joint Owner of the property equity – Constructive trust – Whether or not the Defendant holds the beneficial interest in the rroperty in trust for the Claimants – Whether or not the Claimants have rebutted the presumption of joint legal and beneficial ownership in the property where parties are registered as joint tenants on the registered title.
Wood, Christopher v Maria Grey Grant, Dennis Lawson and Lawson Farms Limited
Injunction – Application for Injunction – Whether or not there is a serious issue to be tried – Adverse Possession – Limitation of Actions Act – Whether or not the Claimant has shown a case with a real prospect of success that his title was not defeated – Whether or not a purchaser in possession can be an adverse possessor.
Wedderburn, Ynoquie v Lawrence, Kerry Ann, Kemar Jarrett, Trevor Taylor, Paula Taylor and Norris Cassells
Civil Practice and Procedure – Ancillary Claims – Claim for Contribution/Indemnity – Time for Bringing Such an Ancillary Claim – Whether the Ancillary Claim is Statute Barred. Civil Practice and Procedure – Ancillary Claim – Claim Under the Law Reform (TortFeasors) Act – Whether the Cause of Action has arisen under the Law Reform (Tort- Feasors) Act – Whether Ancillary Claim for Indemnity under the Law Reform (TortFeasors) Act is Premature
Johnson, Karen v Robinson-Lewise, Michelle
Tort – Negligence – Motor Vehicle Collision – Whether Driver of Motor Vehicle Liable for Collision.
Tort – Negligence – Contributory Negligence – Motor Vehicle Collision – Whether or not Pedestrian Caused or Contributed to the Collision by Stepping into Path of Motor Vehicle.
Road Traffic Act (1938) – ss 51 and 95.
Road Traffic Act – Road Code 1987 – Part 1 Rules 1, 2, and 4 – Duty of Pedestrians When Using the Road.
Joiles, Barbara and Vallin Joiles v The Attorney General of Jamaica
Emergency Powers Act and Emergency Powers Regulations May and June 2010 – Civil Practice and Procedure – Nullity – Whether Suit as originally filed is a nullity for failure to allege that the Security forces did not act in good faith.
Emergency Powers Act and Emergency Powers Regulations May and June 2010 – Whether or not the Supreme Court has jurisdiction in Claims in Tort where the injuries are covered by the compensation scheme in the Emergency Powers Regulations.
Bisasor, Ryan v Attorney General of Jamaica
Tort – Malicious Prosecution – Whether or not Officer had Reasonable and/or Probable Cause to Charge the Claimant – Whether or not Officer Took the Time to get the True Facts Before Charging the Claimant.
Tort – False Imprisonment – Whether or not the Police Were Guilty of Unreasonable Delay in Considering Bail for the Claimant after Arrest.
Civil Practice and Procedure – Pleadings – Rule 8.9 of the CPR – Failure to Set out Factual Allegations and the Consequences.
Barrett, Delroy v Desnoes & Geddes Ltd.
Negligence – Employers Liability – Whether Claimant has established breach of duty of employer to provide safe system of work, sufficient staff and equipment – duty of claimant to provide sufficient evidence of breaches
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