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.
Bailey, Alphanso v Clarke, Vinroy
Negligence - Motor vehicle accident - Whether the defendant liable in negligence for injuries suffered by the claimant - Whether the claimant has established that the defendant breached his duty of care.
Brown, Norman v The Integrity Commission and Kevon Stephenson
Judicial Review - Leave for judicial review - whether threshold test for leave met - Whether impugned passages from Investigation Report amenable to judicial review- Whether declarations require leave for judicial review – Whether injunctions require leave for judicial review - The Integrity Commission Act – Civil Procedure Rules, R. 56
P & L Lender LLC v P & L Holdings Limited
Mortgages - Whether claimant permitted to exercise power of sale over land excluded from the mortgage – Section 106, 68 and 71 of Registration of Titles Act – Section 63 of the Trust Act
Bennett, Errol v LHCC Perfect Homes Limited and Ian K. Levy
Stay of taxation proceedings pending appeal - Extension of time to file points of dispute - Whether points of dispute to be filed to permit such application - Whether application for extension of time to file bill of costs permissible under CPR 65 - CPR 65(18) – CPR 65(19) – CPR 65(20)
Rutherford, Granklin v Rui Jamaicotel Limited
Personal injury claim – Whether claimant should be permitted to amplify his witness statement under CPR 29.1 (a) – Whether claimant permitted to rely on documents not previously disclosed - Whether claimant has proven breach of duty under the Occupiers’ Liability Act- Whether causal connection between injury and alleged breach of duty.
Holness, Andrew, Imperium Investments Holdings Limited et al v Beresford, Craig, Kevon Stephenson and the Integrity Commission
Leave for judicial review - Whether threshold test for leave met - Whether Special Report of the Integrity Commission amenable to judicial review - Whether orders of mandamus can lie - The Integrity Commission Act – The Corruption Prevention Act.
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