Fuller, Lockley (Executor of the estate of Ellery Fuller) and Joycelein Fuller v Johnson, Daisy
Civil Procedure –– Application to enter Default Judgment –– Application for Defence to stand –– Application for Extension of time to file Defence –– Relevant considerations –– Whether the delay was lengthy and inordinate –– Whether a good explanation/reason was provided –– Whether Defence has a real prospect of success –– Locus Standi –– Whether a ‘Second Executor’ can commence an action in another estate.
McGibbon,Sheldon v Gouldbourne, Jerome and Dani Fenton Consolidated with McGibbon, Kymore v Gouldbourne, Jerome and Dani Fenton
ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Fracture of right femur – Fracture of right radius – Ligament damage – Limb length Discrepancy – Loss of income and allowances – Proof of specific damages.
Walford, Herbert v Taylor, Paul and Suzan Taylor
Civil Procedure & Practice –– Contract Law –– Breach of Contract –– Elements of a Contract –– Specific Performance – Proprietary Estoppel – Possessory Title - Unjust Enrichment –– Absence of Documentary Evidence –– Sale Agreement.
Cameron, Wayne v Lee Chung, Danie Lorenzo and Kevin James
Civil Procedure – Application by Insurance company to set aside Order for substituted service – Was alternative service likely to have brought the contents to the Defendant’s notice – Considerations as to what constitutes reasonable steps to locate a Defendant – Overriding objectives – Prejudice
Administrator General of jamaica (Administrator for the estate of Japheth Heath, deceased) v Taylor, Muriel
Recovery of Possession –– Letters of Administration –– Claim for mesne profits
Petroleum Company of Jamaica Limited v Jamgas Limited, Bill's Gas and Appliances Limited and Manchester Gas Distributors Limited
Application for Interim Injunction –– Factors considered by the Court in granting an Interim Injunction –– Whether there are serious issues to be tried –– Whether the Balance of Convenience lies in favour of the grant of injunctive relief –– Whether damages are an adequate remedy –– The American Cyanamid Test –– Section 49 (h) of the Judicature (Supreme Court) Act.
Jamaica Association of Composers Authors and Publishers Limited v Combined Communications Limited
Civil Procedure and Practice –– Specific Disclosure –– Application for specific disclosure of audited financial statements –– Whether documents requested are directly relevant to the claim –– Whether an order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs ––Rules 28.1, 28.6, 28.7 of the Civil Procedure Rules.
Robinson, Hopie v Samms, Deloris
Intestates Estates & Property Charges Act –– Application to be declared a Spouse –– Whether the deceased was a single man –– Whether the Applicant and the deceased lived together as a spouse –– Whether the applicant and the deceased lived together as though they were husband and wife for a period of not less than 5 years prior to the death of the deceased.
Marley, Warren (near relation and father of Vittoria marley, deceased et al v Rose Hall Developments Ltd.
Civil Procedure - Application to set aside default judgment - Service by fax - Whether Defendant has a real prospect of successfully defending the claim - Good explanation- Risk of Prejudice- Rules 12.4, 13.2 and 13.3 of the CPR.
Richards, Donovan v Mullings, Junior, Shantavia Muschett and Ackeem Harris
Assessment of Damages –– Motor Vehicle Accident –– Personal Injury –– General Damages –– Pain and Suffering –– Handicap on Labour Market –– Special Damages –– Spinal Cord Injury –– Video Evidence
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