National Export-Import Bank of Jamaica Limited v Yono Industries Limited, Jones, Andre and Prince, Andre
Commitment letters setting out terms of loan agreements between the claimant and the 1st defendant – 3rd defendant’s guarantee agreement with the claimant – Whether summary judgment should be awarded to the claimant – Whether the 3rd defendant’s defence is one which has a realistic prospect of success – Variation of initial loan agreement – Circumstances in which guarantor will be discharged from guarantee agreement – Whether guarantee agreement was a continuing security – Whether guarantee agreement is applicable as between the claimant and the 3rd defendant
Dixon, Doreen v Dixon, Quenston
The Property (Rights of Spouses) Act – W hat constitutes the family home -Interest in the family home - Third party’s interest - Fixtures and chattels - Land acquired before the parties were spouses - Entitlement to property – F inancial and non-financial contribution - Party’s share in property no longer in the possession of spouse - Adverse possession
Crammer, Beverley v Campbell, Linford
Application to set aside ex parte order - Rules 11.16, 11.17 and 11.18 of the Civil Procedures Rules (CPR) - Confiscatin of assets order - Contrast between confiscation of assets order obtained under part 53 and writ of execution issued under part 46 of the CPR - Effect of order of court which has unlimited jurisdiction.
Whittingham, Orthel v The Commissioner of Police and the Attorney General of Jamaica
Application for judicial review - Refusal of application for re-enlistment - Whether mandamus can properly be granted - Whether the claimant was denied natural justice - Autrefois acquit - Claim for damages.
Mcleggan, Ervin v Scarlett, Daphne et al
FRAUD – DEFINITION OF FRAUD – BURDEN AND STANDARD OF PROOF – REGISTERED TITLE – EFFECT OF SS.70 AND 161 OF THE REGISTRATION OF TITLES ACT – EFFECT OF SS. 164-168 OF THE REGISTRATION OF TITLES ACT – WHETHER 2ND DEFENDANT IS EXEMPTED FROM LIABILITY BY VIRTUE OF S.160 OF THE REGISTRATION OF TITLES ACT – NEED TO PROVE FRAUD ON THE PART OF THE PRESENT REGISTERED PROPRIETOR IF CLAIM IS TO BE PROVEN
Selnor Development Ltd. v Boswell, Kenneth
FIXED DATE CLAIM FORM PROCEEDINGS – UNDEFENDED CLAIM – JUDGMENT ENTERED IN FAVOUR OF CLAIMANT – APPLICATION FOR STAY OR EXECUTION OF JUDGMENT – RISK OF INJUSTICE – WHETHER DEFENDANT’S APPEAL HAS ANY PROSPECT OF SUCCESS – WHETHER DECLARATORY ORDERS CAN BE STAYED – WHETHER PERMISSIVE JUDGMENT ORDERS CAN PROPERLY BE SUBJECT TO A STAY OF EXECUTION ORDER – WHETHER JUDGMENT ORDER REQUIRING ACT TO BE DONE BY AN UNSPECIFIED DATE CAN BE MADE SUBJECT TO A STAY OF EXECUTION ORDER – NEED TO COMPLY WITH CASE MANAGEMENT TIMELINES SET BY COURT – NEED TO FILE DEFENCE AND PROPERLY BE DEFENDING CLAIM IN ORDE
Careif Ltd. and Tharpe, Anthony v The Financial Services Commission, Wynter, Brian and Roper, George
Application to strike out – Applicable legal principles – Several claims – Whether some of the claims being pursued are unknown in law – How court should approach question as to whether there exists reasonable grounds for bringing claim – Whether the 2nd and 3rd defendants are immune from liability – Allegation that defamation claim is statute-barred – Procedural defence – Need to assert procedural defence in filed defence – Failure to provide sufficient pertinent particulars in statement of case – Application for constitutional redress – Adequate alternative means of redress available – Ne
Brown, James v Rodney, Karl and Rodney, Maureen
Claim for recovery of possession of property – Defendants’ application to strike out claimant’s statement of case – Defendants’ application for summary judgment – Claim form proceedings – Whether claim ought to have been commenced by means of fixed date claim form – Conversion of proceedings – Basis for striking out statement of case – Abuse of process – Consideration of claimant’s statement of case.
Jobson, Demetri and Jobson, Max v Administrator General of Jamaica and New Falmouth Resorts Limited
Application by 1st defendant to strike out claim - Legal principles to be applied - Abuse of process - Claim seeks reliefs for alleged negligence pertaining to administration of deceased's estate - Whether remedy for breach of trust can properly be pursued as a ngeligence claim - Section 39 and 40 of the Administrator General's Act - Failure to comply with duties of trustee - Need to set out cause of action in claim form.
Webster, Faith v The Public Service Commission
Judicial review - Natural justice - Legitimate expectation - Whether hearing required prior to interdiction of public officer - Whether withholding of half of the claimant’s salary while claimant is on interdiction constitutes a penalty - Whether claim has been filed against the appropriate party as defendant - Presumption of regularity - Breach of constitutional rights to fair hearing and enjoyment of property - Abuse of process.
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