Walters, Erro v National Commercial Bank Jamaica Limited and The Attorney General
Negligence - Liability and balance of probability - Ancillary claim by defendant - Whether damages have been proven by claimant - No case submission by defendant - Need to elect in making no case sudmission - Costs - Reasonable cost order in the circumstances of particular case.
Stewart, Hon. Gordon ‘Butch” v Issa, Muna; Robinson, Dr. Paulette and Stewart-McConnell, Jamie and James, Owen et al
Application for stay of execution of order pending appeal - Principles applicable - What amounts to special circumstances - Whether if consequences of refusal of stay are less than ruinous to applicant - Court can exercise discretion to stay - Whether discretion unfettered.
Stewart, Hon. Gordon ‘Butch” v Issa, Muna; Robinson, Dr. Paulette and Stewart-McConnell, Jamie et al
Defamation - Application to strike out claim of libel - Whether striking out available in libel actions - Whether striking out provisions in CPR 26 exhaustive - Considerations in determining whether court should strike - Court's power to impose conditions on parties in making orders - Court's duty to manage cases and to apply over-riding objective.
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
Law.
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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