Elliot, Tamar v Murray, Joseph Condolidated with Simpson, Ronicque v Murray, Joseph Consolidated with Simpson, Kingsley (Administrator of the estate of Dwayne Simpson) v Murray, Joseph
Civil practice and procedure - Negligence - Motor vehicle collision - Negligence -
Inevitable accident defence
Edwards, Dwayne v Ellis, Paulette
Civil Practice & Procedure - Negligence - Motor vehicle accident - Personal injury - Contributory negligence - Apportionment of liability- Assessment of damages
Hunter, Dwight v Berger Paints Jamaica Limited
Civil Practice and Procedure - Negligence - Employer’s liability - Whether employer provided safe system of work - Whether premises were reasonably safe for the purpose for which the claimant was permitted to be there - Personal injury - Pre-existing chronic lower back pain - Damages
James, Bruce v Jamaica Money market Brokers Merchant Bank Limited
Civil practice and procedure - Mortgage - Duty of mortgagee in exercising power of sale - Whether mortgagee liable for selling property below market value
Paymaster (Jamaica) Limited v Grace Kennedy Remittance Services Limited and Lowe, Paul
Damages - Assessment of damages based on undertaking given on obtaining an
interlocutory injunction
Johnson, Enid (Administratrix in the estate of Yorksladda Johnson, deceased) v South East Regional Health Authority and the Attorney General of Jamaica
Negligence Medical negligence Contributory negligence Application of the test in Bolam v Friern Hospital Management
Mullings, Marlon v The Commissioner of Police, The Police Service Commission and Office of the Services Commissions
Leave to apply for judicial review – Rule 56.4 of the Civil Procedure Rules – Considerations to determine promptitude of application for leave to apply for judicial review – Rule 56.6 of the CPR – Arguiable ground for judicial review having a realistic prospect of success.
Morrison, Marjorie et al v Morrison, Lourice (Executrix and next friend of Zoe Morrison) et al
Disclosure – Specific disclosure from a 3rd party – Norwich Pharmacal Relief – Parts 26 and 28 of the Civil Procedure Rules considered – Whether Norwich Pharmacal relief achieves fairness in a court trial – Jurisdiction of Norwich Pharmacal Principle – Mere Witness Rule – Standard of necessity and proportionality.
Blagrove, Margret v Superclubs International Limited
Civil Procedure-Substitution of parties - Rule 19.4 of the Civil Procedure Rules 2002- Significance of relevant limitation period in the context of Rule 19.4 and the Limitation Act - Service out of the jurisdiction – Rules 7.3 and 7.5 of the Civil Procedure Rules 2002 considered - Without prejudice communication – Legal principles governing without prejudice communication
Smith, Shauna and Bent, Aayana (a minor by ther mother and next friend Shauana Smith) v Shackleford, Gladstone and Polson, Euguene
Default judgment – Application to set aside default judgment – Criteria to be satisfied – Definition of ‘real’ in real prospect of successfully defending Claim – Whether Ancillary Claim filed is a nullity.