Gordon, Neva May, David Merrick, Valerie Gordon et al v Cox, Anthony
Civil Practice & Procedure – Adverse Possession – Whether the Defendant
adversely possessed the property – Whether the Claimant is entitled to the entire
legal and beneficial interest in the property – Equitable Remedy – Does the
Defendant have a beneficial interest in the property – Constructive Trust
Martin, Dean v Signtex Limited
Civil Practice & Procedure - Negligence- Breach of Duty of Care – Duty to Provide a Safe System of Work – Occupiers’ Liability Act – Breach of Statutory Duty of Care – Contributory Negligence – Assessment of Damages – Loss of Earning Capacity
McKenzie, Andrew Francis-Xavier v Farquharson-McKenzie, Shorna Toneta
CIVIL PRACTICE & PROCEDURE - Section 14 of the Property (Rights of Spouses) Act – Division of property other than the family home – Considerations under section 14 (2) and (3) of PROSA – Section 15 of PROSA – Partition Act – Occupation Rent – Principles upon which an award is made – No ouster – Defendant undertaking not to occupy jointly owned property.
Rae, Eliza adn Enid Davis v Simon, Lerone and Peta-Gaye Simon
CIVIL PRACTICE & PROCEDURE - Sections 139 and 140 of the Registration of Titles Act – Caveat against dealings – Service of Notice to Caveator – Where a caveat has lapsed what are the implications.
Rex v Gordin, Christopher
Criminal Law - Change/Withdrawal of Plea – Principles arising from R v Dodd (1981) 74 Cr App R 50 and summarised in Shadrach Momah v R [2011] JMCA Crim 54 – Whether the Court should exercise its discretion to allow an accused to change his plea of guilty to one of not guilty
Lewis, Wayne av CVM Television Limited
Civil practice and procedure - Striking out statement of case – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Rule 26.3 (1) (b) of the CPR – Henderson v Henderson principle – Consolidation – Rule 26.1 (2) (b) of the CPR - Costs.
Prime Sports (Jamaica) Limited v Goodwill Gaming Enterprised Limited
Civil Practice & Procedure - Application for interim inunction – Requirements for the grant of an interim injunction – Part 17 of the Civil Procedure Rules 2002, as amended – Trademark infringement under section 9 (3) of the Trade Mark Act – Likelihood of deception or confusion– Unfair advantage and detriment to distinctive character and reputation – Passing off
Paradise Consortium Lomited trading as Jungle Fyah v Mason, Franklyn trading as Jungle Fiah
Civil Practice & Procedure – Tort – Passing Off – Whether the Defendant has breached the tort of passing off by using the name ‘Jungle Fiah’ – Elements of Passing Off – Whether the Claimant has established goodwill or reputation in the name “Jungle Fyah” – Whether the Claimant has demonstrated a misrepresentation by the Defendant to the public by using the name ‘Jungle Fiah’ – Whether the Claimant suffered or is likely to suffer damage due to misrepresentation – What remedies, if any, are available to the Claimant - Remedies – Whether the Claimant is entitled to an Order for recovery of
James Morrison, Camla v Sutherland Global Services Jamaica PLC Limited
Civil Practice & Procedure - Striking out statement of case – No reasonable ground for bringing the claim – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Civil Procedure Rules 26.3 (1) – Extension of time to file defence – Application for Interim Injunction
Dayes, Florence v The Attorney General of Jamaica
Civil Practice & Procedure - Negligence – Breach of duty of care – Duty to provide a safe system work – Occupier’s Liability Act – Breach of statutory duty of care – Credibility of witnesses – Contributory negligence – Assessment of damages – Handicap on the labour market
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