Standord, Yulando v Laidley, Marlene, Keniel Thomas and Rayon McGibbon
Negligence – Motor Vehicle Collision – Personal Injuries – Causation – Liability–
Damages
Logan, Ann-Marie v Lawrence, Marlon, Devon Bennett et al consolidated with Hinds, Candice v Lawrence, Marlon and Devon Bennett et al
Negligence - Motor vehicle collision - One vehicle on wrong side of the road - Damages - Third and fourth defendant absent trial proceeds - Defendants adopting claimant's statement of case for evidence in chief
Federal Capital Investment & Finance Limited v The Minister of Labour & Social Security, The Industrial Tribunal and Jason Burgher
Judicial Review ─ Termination of employment contract ─Whether employee - Waived rights to challenge his termination ─ Two routes to determining issue of waiver ─ Delegatus non potest delegare - Labour Relations and Industrial Disputes Act 1975, S.11A (1)(a)(i) - The Interpretation Act, S. 34(2), Civil Procedure Rules.
CVM Television Limited v The Broadcasting Commission of Jamaica
Judicial Review – Application for leave – Television station holder of exclusive
broadcasting rights to English Premier League matches – Customer complaints to
Regulator that applicant advertised matches not broadcast online - Regulator
decided applicant engaged in misleading advertising as matches not broadcast as
advertised – Suitability of alternate remedies – Grounds and evidence relied on by
applicant must disclose arguable case – Failing test of arguability is a bar to grant
of discretionary relief
Lewis, Nicole v Barbee-Wooten, Daphne
Civil Practice and Procedure – Application to Amend Defence – Late Stage Amendment – Whether Amendment to Defence Permissible – Principles Applicable to Late Stage Amendment - Commencement of Action – Filing of Claim Form – Rule 8.1 – When is a Claim Commenced – Whether Date for Commencement of Action can be extended under rule 3.2(5).
Island Jamaica Limited v The Industrial Disputes Tribunal
Judicial Review – Employment – Unjustifiable dismissal not challenged – Compensatory Award challenged for being Wednesbury unreasonable – Failure of IDT to consider all relevant factors – Parity with previous awards absent from findings and not considered – Award irrational.
Axia Jamaica Insurance Agency Limited v The Financial Services Commission
Judicial Review - Application for leave – Insurance intermediary company – Registration cancelled – Whether the decision was unreasonable, unjust or ultra vires - Delay - Part 56 Civil Procedure Rules - The Insurance Act, sections 2, 77.
Campbell-Clarke, Georgia et al v Francis, Margot Odette
Land – Whether beneficial co-owner can dispossess registered proprietor who is co-owner – Co-owner executrix of unadministered estate – Whether wife of deceased co-owner is licensee of paper owner – Wife derives possession from husband – Joint occupation and possession entitles wife to possessory title against registered co-owner – Whether paper owner has standi to bring claim against wife for recovery of possession after husband dies.
Lawrence, Owen v Lawrence, Calvin
Land - Last Will And Testament of Father of Parties - Title Obtained By Fraud - Executor breaching duty of trust by registering trust property in sole name - Co-Executor unaware of fraud - Injunction - Section 24 of the Registration of Titles Act, 1889,
Section 3 and 5 of the Real Property Representative Act, 1903, Section 43 of the Trustees Act, 1987
Delaphena, Sandra v THe Board of Management of Black River High School, Teachers' Appeal Tribunal, The Minister of Education and the Attorney General of Jamaica
Judicial Review – Dismissal of Teacher – Allegation of failure to submit lesson plans – Fair Hearing – Breach of the Education Regulations – Procedural Impropriety – Bias – Whether right to Cross-Examine – Hearsay Evidence – Defects in the Application of the Rules of Natural Justice by an Inferior Tribunal can be Cured by a Subsequent Proceeding in an Appellate Court or Tribunal with Review Powers - Irrationality and Failure to Consider Breaches of Natural Justice in ruling of Teachers Appeal Tribunal - Statutory Interpretation
Pagination
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