Rex v Christopher Gordon
Criminal Law Change/Withdrawal of Plea – Principles arising from R v Dodd (1981) 74 Cr App R 50 and summarised in Shadrach Momah v R [2011] JMCA Crim 54 – Whether the Court should exercise its discretion to allow an accused to change his plea of guilty to one of not guilty
New Era Developments Ltd et al v New Era Properties Ltd et al
Civil Practice & Procedure – Application for interim injunction – Requirements for the grant of an interim injunction – American Cyanamid Co. v Ethicon Ltd. – Whether there is a serious issue to be tried – Whether damages is an adequate remedy – Balance of convenience – Section 4 of the Restrictive Covenants (Discharge and Modification) Act – Whether stay of proceedings is appropriate given the fact that the Defendants have applied to remedy the breach
Blake, Glanville v Peter Thompson, et al
CIVIL PRACTICE & PROCEDURE Whether an applicant is entitled to have a subsequent Notice of Application for relief from sanctions and/or permission for documents and witness statements to stand heard, given that earlier orders, namely an unless order resulting in the striking out of a prior application, have already dealt with the non-compliance – Application for Relief from Sanctions – Rule 26.8 of the CPR – Whether the application was made promptly – Whether the application is supported by evidence on affidavit – Whether the failure to comply was not intentional – Whether there is a
DW v CH
FAMILY LAW - RETURN OF CHILD - THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION 1980 - ARTICLE 3, 11, 12 - HABITUAL RESIDENCE – AGREEMENT – CONSENT – WHAT CONSTITUES INFORMED CONSENT - GRAVE RISK - CHILD’S OBJECTION TO BEING RETURNED – WHETHER THIS OBJECTION SHOULD BE THE DETERMINING FACTOR - THE CHILDREN (GUARDIANSHIP AND CUSTODY) ACT, S. 7C AND 7N
Willie Mitchell V the Attorney General of Jamaica
CIVIL PROCEDURE Application for extension of time Application does not include affidavit of merit with draft defence exhibited - Delay of nine years without good reason Defendant filed no evidence of merit from which the court could evaluate the merits of the proposed amended defence - No material before court by which to determine whether proposed amended defence raised triable issues – Good reason not found on evidence - No special circumstances affecting file – Proposed amended defence filed separately – No material before the court upon which to evaluate merit Purported defence is
Sandra Graham V Carol Palmer & the Public Service Commission
JUDICIAL REVIEW Role of the Governor General in removal of public officers under section 125 of the Constitution Abolition of Post Re-Organisation and Restructuring of Ministry to create new Ministry Public Officer to be separated if not redeployed Whether the Public Service Commission should afford a hearing before recommending separation to the Governor General
Bennett, Evon C.a. v Ramdatt, Raymond
Adverse possession – claimant claiming possessory title in his own right and through his deceased father - whether registered proprietor was in possession – whether the defendant dispossessed the registered proprietor
Re: North Coast Resorts Limited
Interim Injunction – Whether serious issue to be tried – Whether fixed date claim form discloses any cause of action – Whether to allow amended pleadings - CPR 20.2(1) - Sections 2, 6, 8, 12 and 13 of The Industrial and Provident Societies Act
Verticast Media Group Ltd v Digicel (Jamaica) Limited Et al
Costs - Security for Costs – CPR 24.3(a) - Application for relief from Sanctions- CPR 26.8 - Application to amend statement of case – CPR 20 – Request for Information – CPR 34.2
Wellington, Glaston v Fraser, Kevin Dean
Motor vehicle accident – Damages for Personal Injuries
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