Brown, Reginald (Father and near relation of Demory Brown, deceased) et al v Douglas, Balford et al
Claim for actual and/or reasonably expected pecuniary loss - Loss of expectation of life - Loss of years and funeral expenses under the Fatal Accident Act.
Myles, Radcliffe (Claiming on behalf of the estate of Winston Myles) v Attorney General of Jamaica
Assault - Battery - False imprisonment - Malicious prosecution - Failure of defence to lead any evidence - Application during trial to strike out defence - Effect of failure of defence to leand any evidence during trial - What constitutes assault - Need to prove loss and/or damage in claim for damages for malicious prosecution - Claim for exemplary damages - Consideration of hearsay evidence during trial - Summary judgment - Prima facie case not be be equated with proven case.
Malcolm, Vilma Wilson v Malcolm, Junior Washington
Application under property rights of spouses act - Partition act application – Applications for division of matrimonial property – Failure to deny allegation in claimant’s statement of case – Failure to provide reasons for putting claimant to proof of allegation – How to make application in relation to section 7 of prosa – Effect of failure to make application in relation to section 7 of PROSA - Applicability of presumption of equal division – Section 6 of PROSA – Division of personal property items – Section 14 of PROSA.
Williams, Anetta v M & M Jamaica Ltd.; Daley, Lorenzo; De Souza, Kevin and the Personal Representative of the Estate of Andrea Henry, deceased)
Negligence - Vicarious liability - Need to allege personal liability - Res ipsa loquitur -Vehicle accident between car and parked truck - Impact from behind parked truck – Speeding vehicle – Failure of vehicle driver to exercise due care and attention – Need to prove negligence in a context – Causation
Jamaica Edible Oils & Fats Company Ltd. v M.S.A. Tire (Jamaica) Limited
Application for committal for contempt of court – Service of court orders allegedly breached – Failure to comply with Rule 53.3 of the C.P.R. – Effect of failure to comply with Rule 53.3 of the C.P.R. – Need to prove intentional or willful disobedience of a court order – What constitutes intentional or willful disobedience of a court order.
McLean, Gloria v The Administrator General of Jamaica
Application for appointment of representative of deceased’s estate as defendant to claim – Section 12 of Administrator General’s Act – Rules 21.1, 21.2 and 21.7 of C.P.RR. – Interlocutory appeal – Leave to appeal.
Beckford, Clifton v Blackwood, Winston
Negligence – Admission of negligence – No admission as to damage or loss – No admission of causation – Whether court should enter judgment on admission – Whether court should enter summary judgment even though same was not applied for.
Sharp, Audrey v Hudson, Christine and K. Churchill-Neita & Co.
Defendants’ application for summary judgment – Whether claim has a real prospect of success – Claimant not joining issue with the defendant on an important issue of fact – Summary judgment applications not to be mini-trials.
Billone, Nadine v Experts 2010 Company Ltd.
Application to set aside default judgment – Whether good reason for failing to file a defence shown – Whether defendant acted promptly upon having become aware that a default judgment was entered against it – Whether proposed defence has a real - Realistic prospect of success.
Administrator General for Jamaica (On behalf of the near relations and dependents and as Administrator Ad Litem of the estate of Clive Brown, deceased v Jamaica Pre-mix Limited and Reid, Rohan
Assessment of damages – Fatal Accidents Act - Law Refrom (Miscellaneous Provisions) Act
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