Construction Developers Associates Limited v Urban Development Corporation
Civil Procedure - Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules-Application to set aside - Whether paying party entitled to set aside Default Costs Certificate - Both parties in technical breach of the rules - Good Reason - Points of Dispute.
Television Jamaica Limited v Linscom Network Limited
COPYRIGHT – Cable Television – Whether Defendant infringed copyright by broadcasting Diamond League event - “overspill” - Whether Defendant liable – Statutory construction – Copyright Act sections 31(5), 31(1), 32(3).
CEAC Solutions Limited v National Works Agency and Attorney General of Jamaica
Contract - Variations - Whether work done - Evidence by video link - Whether witness to affirm..
National Export-Import Bank of Jamaica Limited v Somerset Enterprises Limited and Powell, Linderth
Application for Summary Judgment - Whether Defence has real prospect of success – Loan - Guarantee and Indemnity - Whether misrepresentation about time of disbursement – Application post dates misrepresentation - Whether guarantor‟s error exculpatory.
Dunbar, Millard v Saint Catherine Co-operative Credit Union Limited
Application for payment of money held as security - Injunction discharged - Whether undertaking as to damages implied – Whether damage or loss is to be set off against money held as security – Foreclosure – Whether mortgagor entitled to refund of money held as security.
National Export-Import Bank of Jamaica Limited v Knockala Enterprised Limited, M.K. Holding Limited and Smellie, Patrick et al
Application for Summary Judgment - No dispute of fact – Whether Guarantor who signed as director of principal borrower privy to change of contract agreement – Whether liable in his capacity as Guarantor – Whether Consumer Protection Act applicable.
McLaughin, Charles v Grant, Sherrie and Smith, Collin et al
Striking Out – Application by First Defendant – Further, Further Amended Particulars of Claim- No leave to file obtained - Whether new cause of action – Whether Limitation bar- CPR Rules 20.4; 26.3 and 26.9.
Tanner, Mary Elaine (Executrix of the Estate of Donald Tanner) v Brown, Karlene and Brown, Sophia 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 promissory note-Whether “on or before” sufficiently 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.
Murphy, Shevaughn v Menzie, Carlton and Others
Negligence – Motor vehicle collision –Whether claim to be dismissed because 3rd Defendant’s driver pled guilty in the traffic court- 1st Defendant turning –Duty of turning driver- Duty of overtaking driver- Damages – Fractures, whiplash ,3% PPD.
Hylton, Trudi-Ann v Washington, Wizzard and DaCosta, Patrick Consolidatd with Hylton, Shaun v Washington, Wizzard and DaCosta, Patrick
Negligence- Motor Vehicle Accident – U-Turn on major thoroughfare – Whether Passing Vehicle at Fault – Damages – Muscular ligament – Splinters in Eyes – abdominal pain.
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