Persichilli, Benedetto v Taddeo, Leo and New Era Homes 2000 Limited
Civil Procedure - Application to strike out claim - Whether abuse of process - Whether basis for section 213A claim under Companies Act - Whether settlement agreement between all directors and shareholders a bar to proceeding - Whether prolix pleadings - Whether omission of certificate of truth renders claim null and void - Whether delay a bar to the application - Whether consent order makes it unjust to strike out clam.
Tanner, Mary Elaine (Executrix of the Estate of Donald Tanner) v Brown, Karlene Max, Sophia Brown, Karl Brown and Radcliffe Brown et al
Probate - Executrix overseas - Locus standi to bring claim - Affidavit evidence - Whether hearsay and inadmissible - Whether equitable mortgage valid - Whether promissory note enforceable - Interpretation of primossory note - Whether on or before sufficient certain - Whether promise made by testator prior to his death enforceable against estate - Whether debt discharged - Whether equitable mortgage enforceable against non-parties to the loan - Whether equitable mortgagors estopped - Undertaking - Whether attorney at law in breach.
Urban Links Limited and Luv Chat Mobile Communication Center Limited (Formerly Luv Chat Limited) v Digicel (Jamaica) Limited
Contract – Dealer/Distributorship Agreements – Termination of contract – No provision for termination without cause – Implied term as to reasonable noticeFixed term contract – Whether invalid termination notice capable of operating as notice to determine.
Reid, Gary v Braham, Kern Paul
Damages - Assessment of damages - Injury to knee, ankle, back, and neck - Inability to play scrimmage.
Ppivot LLC v Professional Football Jamaica Limited
Injunction - Interlocutory Injunction – Application to restrain broadcast of football games - Meaning of “subject to contract” - Whether waived by conduct - Whether breach of confidentiality agreement - Whether serious issue to be tried – Whether damages an adequate remedy – Balance of convenience/justice of the case – Effect of delay by applicant – Intellectual property rights of Defendant.
MB Development & Investments Limited v A & A Lime Hall Development Company Limited
Civil Procedure Rules Part 26.8 – Relief from Sanction – Whether application prompt – Whether Defence has real prospect of success – Relevance.
Regina v Commissioner of Police ex parte Terrence Duncan and Henry Barton
Judicial Review – Termination of Relationship – Whether Employees or Office Holders – Whether Judicial Review Appropriate
Johnson, Robert v Tankweld Construction Company Limited
Assessment of Damages – Crush injury to hand-fractures – unable to play rugby – 17% whole person disability
Huawei Technologies Jamaica Co Ltd v Mervin Morant
Fixed Date Claim- Enforcement of Court Order - Jurisdiction of Court to grant relief claimed.
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