Horner, Dudley Ian Ward
Practice and Procedure - Fixed Date Claim Form not served - Order made thereon
- Respondent said to be unable to manage his affairs - Application to set aside order - Whether notice of the Fixed Date Claim form should have been given - Whether
any other order would have been made had notice been given - CPR, rules 5.10,
11.16 and 11.18
Mental Health - Application for order appointing Committee - Whether notice of
Regina v The Director of Correctional Services Ex parte Garfield Peart
Sentencing - Murder - Applicant a juvenile at time of commission of offence - Detention at the courts's pleasure - Application for review of sentence - Application for release - Whether applicant should be released - Factore to be taken into account - The Civil Procedure Rules (2002) (CPR) Part 75 - The Juveniles Act S. 29(1) repealed - The Parole Aact S. 7(7).
Douglas, Major Herman v Jamaica Observer Ltd & Denzil Kerr
Defamation - Words published concerning competence of a public officer in
carrying out his duties - Whether defamatory - Whether defences of justification,
qualified privilege and/or fair comment made out - Whether publisher actuated by
malice -Whether newspaper acted reasonably and prudently in reporting the issue
(Reynolds defence)
Dewdney, Albertha et al v Enid Louise Brown-Parsons, Clive Newman
Civil Procedure -Application for stay of execution pending appeal -
Whether the court has jurisdiction to erant a stay - principles governing the want
Citizens Bank Ltd v Randolph Green
Practice and Procedure - Application to set aside default judgment -Whether Writ
1 of Summons served - Delay in filing Application - Whether Defence has any real
prospect of success -Rules 13.2 and 13.3 of the CPR
Bratton Limited, First Caribbean International Bank (JA) Ltd v National Commercial Bank (Ja) Ltd, RBTT Bank Jamaica Ltd et al
Bills of Exchange - Cheque - Fraudulent Indorsement - Drawer issuing incomplete
crossed cheque - qheque completed by a person other than the named payee and
indorsed to thirq party - Whether payee "fictitious" - Bills of Exchange Act,
sections 7 and 8.
Banking - Effect of qrossing on cheque - Rights and responsibilities of paying bank -
Rights and responsil)ilities of collecting bank - Bills of Exchange Act, sections 60,80,
82 and 90.
Re Norbrook Heights
Land law - Restrictive covenant - Covenant preventing subdivision - Application for modify - Whether objectors entitled to the benefit of the covenant - Whether words used in the originating documents sufficient to annex the benefit to the land - Whether land affected by the covenant - Whether building scheme created - Unity of seisin - Land law - Restrictive Covenant - Covenant preventing subdivision Application to modify - Whether character of neighbourhood has changed - Whether objectors have acceded to the breach - Restrictive Covenants (Modification and Discharge) Act, section 3.
Archibald, Roger v The Council of Legal Education
Education Student awarded a failing grade - Whether grade unreasonable -
Whether court entitled to, or should intervene to change the grade
Judicial Review - Natural Justice - Student appealing to governing tribunal
contesting a grade awarded to him by law school - Whether tribunal obliged to give
an opportunity to the student to respond to the law school's reply to the appeal
Practice and Procedure - whether document exhibited to an affidavit of the
Claimant may be treated as expert evidence
Pagination
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