Lattibeaudiere, Wayne v Flames Production Incorporation and Barrett, Patrick
Application for relief from sanctions – Need to make application promptly – Need to satisfy the court that there has been general compliance with court orders and rules of court – Deed to satisfy the court that the failure to comply was not intentional – Circumstances in which rule 26.8 (3) of the Civil Procedure Rules is to be considered by court.
Oddman, Steve abd Bowra, Orville v Attorney General of Jamaica and Carwood, Sergeant
Negligence - Assault - Battery - False imprisonment - Aggravated Damages - General Damages - Special damages - Exemplary damages - Vindicatory damages/damages for breaches of constitutional rights - Proof of damages claimed for - Self defence - Burdenof proof as regards self defence.
Continental Petroleum Products Ltd. v Scotia DBG Investments Ltd.
Claim for dmages for breach of contract – In the alternative, claim for rescission of contract of contract – Credibility of parties' witnesses.
Housen, Conroy v The Commissioner of Police and The Attorney General
Judicial review - Reviewing a decision of an inferior tribunal - Grounds of judicial review – Illegality - Wednesbury unreasonableness - Procedural impropriety - Duty to act fairly - What is fairness - Principles of natural justice - Whether attorney general is a proper party to this claim
Jamaican Pelican Resorts Ltd. v Seanic Investments (Cayman) Ltd and Scott, Garth 'Gary"
Application for mandatory injunction - Interests of justice - Whether damages an adequate remedy - Failure to give undertaking and failure to give cross - Undertaking
Campbell, Seaton v Rose Brown, Donna and Brown, Carlton AND Rose Brown, Donna v Brown, Carlton et al
Claim for declaration of title based on adverse possession – Ancillary claim filed by defendants against claimant and seeking recovery of possession of property and damages for trespass – Application for entry of summary judgment and for recovery of possession – Claimant in actual occupation of property – Defendants are registered title holders of said property – Defendants purchased said property without actual notice of claimant then having been in actual occupation of said property – Constructive notice of claimant’s occupation of said property – Whether defendants obtained registered ti
Bacchas, Mike and Bacchas, Marcia v Wilkins, Barbara and Kirven, Lloyd Oswald
Lease agreement for fixed term – Expiry of fixed term – Defendants wishing to repossess leased premises for business purposes – Sections 25 and 26 of the Rent Restriction Act – Relationship between Sections 25 and 26 of Rent Re striction Act
Outar, John and Outar Jacqueline v Jamaica Public Service Company Limited
Breach of contract- Negligence - Duty of care- Breach of duty of care – Sufficient relationship of proximity or neighbourhood - Burden of proof- Balance of probabilities - Experts’ evidence
Smith, Michael and Southern Finance Industrial and Provident Society v JN Small Business
Application to strike out claim – Failure of 2nd claimant to attend mediation – Importance of setting out grounds of application in written applications for court orders – Failure to set out any or any sufficient particulars of claim in statement of case – Striking out of a party’s statement of case only to be used by court as a means of last resort.
Weston-Parchment, Helen (Administratrix, estate Headley Weston) v Weston, Pete
Application to strike out defendant’s statement of case - Defence allegedly disclosing no reasonable grounds for defending the claim - Non-compliance with court order- Failure to attend mediation - Rules 74.9(1) and 74.14(6) of Civil Procedure Rules (C.P.R.) –
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