Stewart, Lauriston v Delta Investment Company Limited
Civil Procedure - Application to strike out claim for abuse of process – Whether claim barred by issue estoppel, res judicata or a collateral attack on an earlier decision – the effect of the filing of an appeal against the earlier decision – Civil Procedure Rules 26.3(1)(b), 26.1(2)(e)
Gavin, Calvern v Gavin, Larette and Romeo Richards
Matrimonial Property - Whether claimant is entitled to a 50% interest in the family home - Whether Equal Share Rule should be varied – Whether the parties had agreed on the ownership and division of the family home -Property (Rights of Spouses) Act sections 6, 7, 10 and 12
Morrison, Barry v Sailsman Morrison, Beverly, Owen Sailsman Jr., Daminan Sailsman and Fabia Sailsman
Property Law - Joint tenancy - Whether joint legal ownership is joint beneficial ownership - The burden of proof - Severance of the joint tenancy The effect of some defendants not participating in the claim - Partition Act sections 2(2) and 4
Verticast Media Group Ltd. v Digicel (Jamaica) Limited, Columbus Communications Jamaica Limited and Cable and Wireless Jamaica Limited
Costs - Whether costs are payable by the claimant on withdrawal of an interim application - Civil Procedure Rules 64.6(3) and (4) and 37.6(1).
Thompson, Steven v Brown, Barrington and Patricia Carnegie-Smith
Negligence - Road Traffic Accident – Damages for personal injuries.
Stewart Finance Jamaica Limited (formerly Simpson Finance Jamaica Limited) v Duncan, Gregory and Fieona Griffiths
Civil Procedure - Application for Summary Judgment - Whether Defence and Counterclaim have a real prospect of success – Whether Defence to be struck out for not disclosing reasonable grounds to defend the claim - Civil Procedure Rules 15. 2 and 26.3
Morgan, Akeem v Dunn, Tavia, Lowell Morgan, M. Maurice Manning, Patrick Foster and Lowell Mortan (Administrator Ad Litem for the Estate of Donovan Walker et al
Jurisdiction - The supervisory jurisdiction of the court over its officers - Whether the jurisdiction is limited to undertakings given by attorneys-at-law - Whether it is compensatory or punitive – Whether the fixed date claim form discloses reasonable grounds for bringing the claim - Whether defendants waived their right to make the preliminary objection by filing an affidavit in answer - Whether a cause of action needed for declaratory relief - Whether undertaking given to the court merged into the final judgment
Stewart, David (trading as Speed and Truck World) v National Commercial Bank Jamaica Limited
CPR - Whether the hearing of an application for interim injunction was a Case Management Conference – Whether permission was required to file amended pleadings – CPR 11.3 – CPR 20.1 – Practice Direction No 20 of 2021
Buckle, Charimaine v Wright, David
Adverse possession - Joint tenancy - Extinction of title by one joint tenant - Joint tenant claiming to have dispossessed co-tenant - Sections 3 and 30 of the Limitation of Actions Act
Brown, Kirk v Williams, Phillip
Damages - Motor vehicle accident - Entering a major road from a minor road - Whether the defendant liable in negligence for injuries suffered by the claimant - Muscle spasm, pains to neck and wrists - Assessment of damages - Whether award should be made for diminution of earning capacity - Whether claimant failed to mitigate his losses.
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