The Hon. Mr. Justice Roy Anderson

Johnson, Bryan v Low-Ban Engineering Ltd

Agreement for Sale of property; Claimant Purchaser fails to provide

mortgage funds to meet completion date; Defendant vendor

demanding interest for the period of delay between time due and time

of payment, pursuant to terms of Agreement; Claimant alleging that

property was not in any event complete as there were defects; whether

the existence of defects, short of making the property "uninhabitable"

Flickenger, Elita v David Preble & Xtabi Resort Ltd

Claim in negligence or breach of duty under Occupiers'

Liability; Claimant's husband drowned while snorkeling

off Negril Coast while guest at Xtabi Resort; whether

proper defendants sued; whether deceased was warned of

dangers; whether breach of duty on the part of

defendants or either of them; Whether deceased

accepted risk of swimming in rough seas; whether Act of

God; whether witness credible in light of previous

inconsistent statement; causation/foreseeability in Tort


Elliot, Janice v Euro Star Motors Ltd

Whether breach of contract; whether Claimant was wrongfully

dismissed; extent of damages in wrongful dismissal; whether

Claimant entitled to incentive bonus on a proper construction of the

contract of employment; no evidence of satisfaction of conditions

precedent to entitlement; Defendant deciding not to call witnesses;

effect thereof on burden of proof; Claimant putting in witness

statement of Defendant's witness as hearsay under CPR 29.8(3);

whether this would be the evidence of the party putting such in;

RBTT Bank Jamaica Limited v Lakeland Farms Limited

Inter partes hearing of application for freezing order - Need for evidence of a 'real risk of dissipation' - What amounts to such evidence - Whether refraining from doing something which the defendant is not obliged to do can amount to provision of such evidence.

Plummer, Judith v Plummer, Andrew

Application for declaration of interest under Property (Rights of Spouses) Act, 2004 - Whether property is 'family home' for the purposes of the Act - Principles of resulting and/or constructive trusts applicable in claims for beneficial interest in property - Effect of Stack v Dowden - Burdern of proof on person advancing interests other than that shown on title - Application of Property (Rights of Spouses) Act to property other than the family home - Extent of courts descretion in making 'division of property under section 14 - Circumstances informing a just and reasonable division of pro



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