The Hon. Mr. Justice Evan Brown

Barnett, Morris Milton v Guyah, Omar Tyrone

Fraudulent misrepresentation - Representation that defendant was a lawyer – concealment of the nature of document for execution. Counterclaim for malicious prosecution of civil proceedings – False imprisonment – Unlawful search – Defamation – Psychological distress.

Grey Grant, Maria v Wood, Christopher and Ultra Home Contractors Limited

Breach of Contract - Sale of townhouse – Enforceability of unstamped Agreements for Sale – Consideration – Ascertainability of consideration – Variation of written documents by oral evidence – Constructive trust – Part performance – Proprietary estoppel - Stamp Duty Act, ss. 36, 43, 44 and 45 - Registration of Titles Act, s. 135. Statute of Frauds.

Shae, Ceceline v Auto Challen Limited, The Trade Administrator, The Commissioner of Customs et al

Negligence - Negligent misstatement – Age of motor vehicle – Duty of Trade
Administrator to verify year before issuing licence – Duty of Commissioner of
Customs to verify age during assessing of import duty – Whether Island Traffic
Authority to decode chassis number before issuing certificate of fitness – Motor
vehicle assessor’s duty of care – Whether assessor breached its duty of care –
Standard of care – Ancillary claim – Ancillary claim tried after release and
discharge without admission of liability. CPR 18.

Ernest Smith & Co (A Firm); Smith, Ernest; Smith, Nesta-Clair et al Consolidated with Thompson, Hugh and The Attorney General of Jamaica

Constitutional law - Right to a fair hearing within a reasonable time- Delay/impossibility of a judgment being delivered - Reasonable time guarantee- Remedies for breach of the section 16(2) right – Damages - Measure of damages - Whether summary assessment of the nominate torts would be an appropriate remedy – Costs - Costs thrown away – Section 16(2) the charter of fundamental rights and freedom

Virgo, Dale and ZV v Board of Management of Kensington Primary School, Minister of Education, Attorney General of Jamaica and Office of the Childrens Advocate

Constitutional law –– Freedom of expression – Freedom of religion – Equality
before the law – Right of every child to such measures of protection as are required
by virtue of the status of being a minor as part of the family – Right of a child to
publicly funded tuition in a public educational institution at the pre-primary and
primary levels – Equitable and humane treatment – Respect for and protection of
private and family life and privacy of the Home – Freedom from discrimination –

The Commissioner of Lands v Homeway Foods Limited and Muir, Stephanie

Compensation for mesne profits - Whether compensation includes the award of
interest - Award of interest - Whether Registrar has discretion to award interest –
Whether the compensation for mesne profits attracts interest payable on judgment
debts - Judicature (Supreme Court) Act ss. 12 and 51. Judicature (Supreme Court)
Additional Powers of Registrar Act ss. 3 (1) and 5 (1) - Law Reform (Miscellaneous
Provisions) Act - Civil Procedure Rules 12, 14 and 65.23.

Nelson, Collin v Jamaica International Insurance Company Limited

Insurance law - Breach of insurance contract – Whether claimant breached the
terms of the policy – Incorporation of terms and conditions - Whether failure to
refer claim to arbitration is fatal. Motor Vehicles Insurance (Third-Party Risks) Act
sections 2 and 4. Arbitration Act s.5. Arbitration Act, 2017 s. 5.

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