IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2005 HCV 1256

BETWEEN VIVOLYN TAYLOR

AND RICHARD SINCLAJR

CLAIMANT

DEFENDANT

Mr. John Graham for the Claimant

- Mr. Ainsworth Campbell for the Defendant

Heard: January 1, March 7 and April 18,2008

Assessment of Damages

Sinclair-Haynes J

On the 24t" December 2002, a bus owned by Richard Sinclair (Defendant), collided with

the right shoulder of Miss Vivolyn Taylor (Claimant) as she walked along the Old Stony Hill

Malicious prosecution - Whether complainant can be considered prosecutor - False imprisonment - Negligence - Whether claim for negligence against police officer can be sustained.

Summary judgment - Construction of word 'action' in contract of insurance - Time bar probision in contract of insurance - Effect of continued negotiations after limitation period expired.

Negligence - Vicarious Liability

Application to Enter Judgment and

an Admission without Notice

Licence - whether occupier obtained permission

Possessory title - whether lack of intention of the

predecessor in title to dispossess the title owner

defeats the claimants' claim for Possessory title

Negligent misrepresentation - Whether defendand induced by claimant to invest - Whether claimant mismanaged investment

Whether pension scheme discontinued or wound-up - Whether pension benefits should have been transferred to another pension plan - Whether trustee of pension scheme was negligent or breached fiduciary duty - Whether alleged oral discussions can contradict the terms of the written contract.

Whether presumption of advancement rebutted