RN v SKIL and SM
Civil Procedure – Application for relief from sanctions – Multiple applications made by the claimant for relief from sanctions for the failure to file and exchange his witness statement within the time stipulated by order of the court – Application for relief from sanctions refused by the court – Res judicata – Whether the doctrine of res judicata applies to the subsequent application for relief from sanctions – Whether the doctrine of res judicata applies to discretionary decisions which are made at an interlocutory stage and before any findings of fact are made – Issue estoppel – Whether
Brown, Abigaile (A minor who sues by her mother and next friend Affia Scott) v The Attorney General of Jamaica
Personal injury - Trial – Medical negligence – Duty of care owed by medical doctors
to their patients – Bolam test – Bolitho test – Res ipsa loquitor
Rowe, Alphanso v Prince, Shamari and Kay-Ann Bookall
Civil Procedure - Application for relief from sanctions for failure to file witness statement and list of documents within the time specified by Case Management Conference orders – Whether the application was filed promptly – Whether the
information contained in the affidavits filed in support of the application satisfies the requirement for evidence on affidavit – Whether the failure was unintentional – Whether there is a good explanation for the failure – Whether the second defendant
McLeod, Kadian, Attania Edwards and Delon Hamilton v Ellis, Kession Walker
Civil Procedure - Part 37 and 64 Civil Procedure Rules 2002 - Whether it would be just and fair to make no order as to costs - Whether the Claimant should pay the Defendant’s costs
Green, Vivian v Robinson, Dwight and Christine Barbara Dixon
Wills – Probate – Competing Wills – Validity of will – forgery – Presumption of due execution – Knowledge and approval – Testamentary capacity – Undue influence – Fraud – Burden and standard of proof in fraud cases – Expert evidence – handwriting analysis – Credibility of witnesses – Wills Act, s.6 – Forgery Act, s.3
Nathan, Nerisha v Baines, Hopeton
Family Law – The Children (Guardianship and Custody) Act- The Maintenance Act- Whether the sum claimed for maintenance by the Claimant is reasonable
National Rums of Jamaica Limited v Registrar of Industrial Property, Shantal English (Hearing Officer), Spirits Pool Association Limited and J. Wray & Nephew Limited
Intellectual Property – Rectification of Geographical Indication – Appeal from Decision of Tribunal – Interim Relief
Weir, Owen v Williams, Dwayne
Civil Procedure - CPR 29.11(2), 26.8 - Application to give viva voce evidence at trial-Whether application to give viva voce evidence can be made at Pre-Trial Review-Whether a witness can be allowed to give viva voce evidence at trial if application for relief from sanction for failure to file witness statement was previously denied- Whether the Claimant’s claim can still proceed to trial with just pleadings and expert report