Thomas, Ralston v United General Insurance Company Limited (Advantage General Insurance Company Limited)
Civil practice - Application for summary judgment - Defendant countermanding cheque drawn in favour of claimant - Subsequently paying the sum due - Claim for fraud - Whether cause of action still subsisting - Whether loss resulting from the defendant's conduct - CPR rule 15.2.
Scott, Granville v Scott-Robinson, Yvonne Adocia
Trust - Father purchasing realty in joint names of adult daughter and himself - Daughter not contributing to the cost of acquisition - Whether resulting trust arising - Whether irrevocable gift to daughter - Whether presumption of advancement rebutted - Whether joint tenancy may be severed by father.
Rowe-Anderson, Barbara v Mohini Enterprises Ltd and Lachmandas, Raju
Negligence - Occupier's liability - Customer of store slipping and falling - Store on different levels - Levels joined by small ramp - Whether ramp the cause of the fall - Whether ramp dangerous - Damages - Personal injury - Claimant falling with legs in a 'split' - Severe lower back pain - Chronic myofascial pain resulting from trauma - 10% whole person disability.
Reid- Campbell, Veronica v Campbell, Rosvelt
Husband and wife - Claim for declaration of interest pursuant to the Property (Rights of Spouses) Act - Parties separated prior to the promulgation of the Act - Attempt of reconciliation just prior to promulgation - Whether court has jurisdiction to hear claim - Whether time begins to run when when attempt fails - Property (Rights of Spouses) Act ss. 11 and 13.
Wright, Hazel v The Attorney General
Attorney-at-law - Application for attorney-at-law to pay interest on settlement sum – Delay in attorney-at-law making payment of settlement sum - Attorney-at-law awaiting an order of the court to pay over settlement sum – Whether interest payable by attorney-at-law – Legal Profession (Accounts and Records ) Regulations; regs. 8 and 9.
Jamaican Redevelopment Foundation Inc v Anthony Everald Ferguson
Mortgage – Equitable mortgage - Loan made to registered proprietor of land – Agreement
for land to be security for loan – Proprietor depositing certificate of title in pursuance of
agreement – No instrument of mortgage executed – Whether equitable mortgage in place –
Enforcement of equitable rights – Registration of Titles Act, section 103 - Conveyancing
Act, section 28 (2) – Judicature (Supreme Court) Act, section 48
The Coffee Industry Board v The All Island Jamaica Coffee Growers Association et al
Insurance – Collection of cess from coffee growers- Cess authorised by statute – A portion of the cess paid into a trust fund - Trust fund intended for assisting growers in the event of loss - Whether payment to the trust fund is “insurance business” within the contemplation of the Insurance Act – Whether trustees conducting insurance business - Insurance Act, sections 2, 6, 7, and 21.
James, Oswald v The Disciplinary Committee of the General Legal Council
Civil Procedure – Judicial Review – Application for leave to apply for Judicial
Review – Application to stay proceedings pending Judicial Review – Whether
application supported by sufficient evidence – Whether alternative remedy exists -
Section 12 B, 15 and 16 of the Legal Profession Act
Attorney at Law – Disciplinary proceedings by the GLC – Whether Judicial Review
Insurance Company of the West Indies v Michael Campbell
Insurance law - Return of premiums - Motor policy - Policy avoided for non - disclosure and misrepresentation - Whether insurer obliged to refund premuims paid under the policy - Whether insurer entitled to rely on allegation of fraud said to be comitted by the assured - Effect of the renewal of the policy prior to discovery of the misrepresentation
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