The Hon. Mr. Justice David Batts

Stephens, Robert v Port Royal Development Company Limited

Companies Act – Application for permission to bring derivative action – Whether Respondent has a cause of action related to the government’s breach of a Memorandum of Understanding - Whether section 212 notice to directors adequate - Whether shareholders and/or “the secretariat” are valid intended defendants to the intended derivative action - Whether intended claim is in the interest of the company.

Exclusive Holidays of Elegance Limited v ARC Systems Limited

Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.

Cenitech Engineering Solutions Limited v National Contracts Commission, The Integrity Commission (formerly the Contrctor General of Jamaica, The Minister of Agriculture & Fisheries et al

Judicial Review –The Contractor General Act –The Integrity Act - Revocation of grade 1 certification –Absence of Regulations – Whether National Contracts Commission (Validation and Indemnity) Act applies – Whether 1st Respondent liable - Reversal of decision to award contract – Whether natural justice applies – Whether constitutional right to fair hearing - Whether hearing required prior to revocation and/or reversal – Whether decision inevitable and remedy to be refused- Whether 2nd Respondent breached duty of confidentiality - Whether 3rd Respondent liable - Damages - Circumstances in whi

Palmer, Cavelle v Dayes, Mauvelette2

Application by Defendant to prevent attorney at law acting for the Claimant – Attorney at law acted for husband and wife in purchase of property - Husband now deceased - Wife challenging husband’s will which gifts 60% of the property to Claimant – Attorney’s office drafted alleged will - Attorney acting for Claimant in her claim to an interest in the property-Claim relies on husband’s alleged promises and declarations as well as on the alleged will - Whether attorney possessed of confidential information.

Palmer, Cavelle v Dayes, Mauvellette

Contempt of Court – Rule 53.10 - Whether Defendant served with Order bearing penal notice – Whether Defendant was present when injunctive order made - Whether Defendant in breach of order - Costs - Whether court’s displeasure with Defendant’s conduct may be reflected in an order for costs.

Palmer, Cavelle v Dayes, Mauvelette

Application for Interlocutory Injunction – Whether arguable claim with real prospect of success - Whether Claimant entitled to 60 percent share of property – Whether  Will valid - Proprietary and/or equitable estoppel - Whether promise made in deceased’s lifetime can bind estate - Whether damages an adequate remedy - Justice of the case.

Pages

Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023