Luel Ras Mesfin Haile Selassie I v The Attorney General of Jamaica Consolidated with Luel Ras Mesfin Haile Selassie I v The Hon. Justice Thompson James
Court’s power to strike out a statement of case – Rule 26.3(1) of the CPR – Claim struck out – no reasonable grounds for bringing claim disclosed – an abuse of the process of the court – failure to comply with rule – Claimant has no real prospect of successfully prosecuting the claim
Mattar, Saed v Salmon, James
Sale of Land – Verbal agreement for sale of land - Whether valid agreement for sale – Whether elements of a valid tenancy agreement as part of sale agreement - Whether sufficient acts of part performance by party – Equitable remedy of specific performance – Circumstances where previous order may be varied or revoked
Perkins, Cecil v The Attorney General of Jamaica Consolidated with Roach, Charamaine v Dryden Eric et al
Motor vehicle accident involving two separate collisions – Statutory and common law duty of care owed by each driver to other users of the road – Whether one or more that one driver liable for accident – Whether any contributory negligence arises
Menzie, Winston v Ellis, Charmaine and Willis, Tyrone
Burden of proof on claimant to establish that vehicle and driver involved in accident correctly identified and that correct party is before the court based on the principles of vicarious liability and the separate legal personality of a company. Importance of statement being in compliance with rule 29. 4 (2) of the Civil procedure Rules when a witness is illiterate
Rickards, David and McCreath, Andrew v Motta, Constable Cheston and the Attorney General of Jamaica Consolidated with Sterling, Jacqueline et al
Motor vehicle accident – Doctrine of Res Ipsa Loquitur inapplicable where there is evidence of how accident occurred – No case submission where defendant not put to election – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Evidence of Accident Reconstruction Experts
Williams, Lamar v Image One Limited
Employer’s Liability – Components of duty of care owed by an employer to an employee – Whether employee contributorily negligent – Quantum of Damages for injuries including electric shock
Matthias, Kevin v Crichton Automotive Limited
Civil Procedure – Employers liability – Duty of employer to provide a safe place and system of work – Contributory negligence – Assessment of damages
Neil, George v The Attorney General of Jamaica, Office of the Utilities Regulation and Spectrum Management Authority
Claim of Public Interest Immunity – Duty of the court to balance competing aspects of the public interest in the administration of justice versus limiting disclosure to preserve national security – Minister’s Certificate should be given significant weight but is not conclusive – Three stage test to determine effectiveness of Certificate, relevance of documents sought to be withheld and whether documents if relevant should not be disclosed to avoid substantial harm to the public interest
Butler-Gilpin, Lynette v Cleveland Resorts Limited trading as El Grego Resort and Vanguary Security Limited
Whether the 1st and 2nd defendants were joint or concurrent tortfeasors – classification of the defendants as joint or concurrent tortfeasors is ultimately not significant in this case – critical factor in determining whether settlement with 1st defendant bars continuation of the claim against the 2nd defendant is the nature and intendment of the settlement – no evidence to substantiate that settlement was in partial not full satisfaction of claim – basic rule/principle, that settlement extinguishes claim against other tortfeasor, which prevents the injustice of double recovery, is not disp
Adjudah, Silvera v The Attorney General of Jamaica
Claim arising from alleged procedural errors/unlawful actions in a prior claim – Proper forum to raise those issues is the Court of Appeal in appeal against outcome in prior claim – No separate cause of action arising – Constitutional claim inappropriate – Statement of case discloses no reasonable grounds for bringing the claim – Abuse of the process of the court
Pagination
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