Campbell, Dayton v Cross, Karen, Natalee Stack and Michelle Stern
Defamation - Application to strike out defence for failure to comply with a court order-CPR 26.3(1)(a) - Application to strike out defence for failing to disclose reasonable grounds for defending the claim - CPR 26.3(1)(c) - Whether application to amend defence should be granted - CPR 69.3 -The defences of Truth, Fair Comment, Innocent Dissemination and Qualified Privilege -The Defamation Act 2013.
Walker, Monica and Proprietors Strata Plan No. 42 v Nasralla, Heather, Wayne Nasralla, Edith Reardon and Grace Shaw
Nuisance - Interim - injunction - Whether the exemptions allowing a private law to claim to enforce the Noise Abatement Act have been met Whether the requirement to bring a claim in public nuisance exists - Whether serious issues to be tried with respect to private nuisance - Whether damages would be an adequate remedy.
Stewart, David (Trading as Speed and Truck World) v National Commercial Bank Jamaica Limited
Interim injunction - Whether there is a serious issue to be tried that the defendant is in breach of the Universal Terms & Conditions Merchant Agreement – Whether the defendant was entitled to freeze the claimant’s bank account under the Universal Terms & Conditions Merchant Agreement – Whether the defendant was entitled to notice before his account was frozen – Whether the defendant was denied the opportunity to respond to the chargeback query.
Verticast Media Group Ltd v Digicel (Jamaica) Limited, Columbus Communications Jamaica Limited and Cable and Wireless Jamaica Limited
Oral application for interim protection order
DCL Castles & Cottages Development Limited v Skyscrapers Builders Limited
Arbitration Act 2017 - Application to set aside arbitral awards - Whether there are two final awards - Whether there is a partial award and a final award – Whether the cost award is an amendment to the merits award –section 55 (3) of the Arbitration Act 2017 - Whether time to set aside the awards has expired section 49 of the Arbitration Act - Whether time can be extended under section 55(3) of the Arbitration Act 2017- UNCITRAL Model Law - Jamaica International Arbitration Centre (JIAC) Fast Track Rules – Whether a cost award can be set aside in the face of Article 14 (2) of the Jamaica In
Clarke, Damar v Eileen Angella Taylor
Motor vehicle accident – Whether the defendant liable in negligence - Whether claimant contributory negligent
Gordon, Lucinda v Elizabeth Richards (Trading as Almond Lodge) Consolidated with Elizabeth Richards v Lucinda Gordon
Recovery of possession of land - Whether the registered proprietor is barred from seeking recovery of possession under sections 3 and 30 of the Limitation of Actions Act - Whether the registered proprietor’s rights and interest have been extinguished – Whether mesne profits are payable – Whether the lack of building approval should disentitle the defendant from a possessory title – Whether mesne profits are payable.
Moss, Deloris v Evans, Barrington
Personal injury - Whether defendant liable in negligence – Reliability of medical evidence
Re: Lot 417A Barbican Heights
Application to modify restrictive covenants under section 3(1) of the Restrictive Covenants (Discharge and Modification) Act – What is the neighbourhood – Whether the character of the neighbourhood has changed - whether restrictions are obsolete - Whether the reasonable user of land impeded – Whether the proposed modification will not injure the persons entitled to the benefit of the restrictions
Thompson, Robert (Executor of the estate of Elethia Thompson) v Thompson, John (Executor of the estate of Elethia Thompson)
Claimant filing suit in a representative capacity as executor of his mother’s estate - Death of the claimant prior to trial - Devolution of office of executor on death where there is a surviving co-executor - Inapplicability of the chain of representation - Suitability of applying for administrator ad litem by executor of deceased claimant -Applicability of CPR 19.3, 19.2(5) and 21.8
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