Stewart, Re Gordon Arthur Cyril and the Companies and Trusts Act
Application for Declaration – Wills – Construction – Whether No Contest Clause Valid – Whether No Contest Clause Engaged – Exercise of Discretion by Trustees – Ouster of Court’s Jurisdiction to Review Exercise of Discretion.
Bisasor, Ryan v Attorney General of Jamaica
Tort – Malicious Prosecution – Whether or not Officer had Reasonable and/or Probable Cause to Charge the Claimant – Whether or not Officer Took the Time to get the True Facts Before Charging the Claimant.
Tort – False Imprisonment – Whether or not the Police Were Guilty of Unreasonable Delay in Considering Bail for the Claimant after Arrest.
Civil Practice and Procedure – Pleadings – Rule 8.9 of the CPR – Failure to Set out Factual Allegations and the Consequences.
Barrett, Delroy v Desnoes & Geddes Ltd.
Negligence – Employers Liability – Whether Claimant has established breach of duty of employer to provide safe system of work, sufficient staff and equipment – duty of claimant to provide sufficient evidence of breaches
Samuels, Peggy v Black, Paul
Property Rights – Constructive Trust – Common Intention. Title to investment homes bears the names of both parties in a void marriage – Whether there was a common intention that the wife is entitled to the entire beneficial interest. Whether the husband is entitled to compensation for mortgage payments and improvement of the property.
Jacden Group of Companies Limited v South East Regional Health Authority and the Attorney General of Jamaica
<p>Civil Procedure- Request for Information – Application for specific disclosure – Litigation Privilege – what constitutes directly relevant information –The Data Protection Act</p>
New Horizon Christian Outreach Ministries Shavout International Holdings Company Limited
Civil procedure – Breach of contract - Whether the oral arrangement entered into between the Claimant and Defendant amounts to a lease or a licence - Elements of a lease and a licence - Exclusive possession- Certainty of rent - Certainty of duration- unjust enrichment - Damages for breach of contract and loss of business opportunity.
Jamaica Association of Composers Authors & Publishers Limited v KLAS Sports Radio
Copyright – Copyright infringement – Assessment of damages
Stewart, Tiffany v The Clerk of the House of Parliament
Judicial Review – Temporary Employment – Probationary Appointment – Termination of Employment – Public Service Regulations, par. 19 (a) and (b) – Legitimate Expectation – Procedural Fairness – Interim Injunction – Adequacy of Damages – Balance of Convenience
Stewart, Adam and Jaime Stewart McConnell et al v Veira, Hugh Martin, Elizabeth Desnoes, Trevor Patterson and Cheryl Hammersmith Stewart
Probate - Claim by executors to be released - Application by beneficiaries to be added as parties to the claim - Civil Procedure Rules, parts 19.2 (3), 19.3 and 67 - The Trustees, Attorneys and Executors (Accounts and General) Act, S. 9.
Buchanan, Paul v The Constitution Authority
JUDICIAL REVIEW − APPLICATION FOR LEAVE FOR JUDICIAL REVIEW OF
DECISION OF CONSTITUTED AUTHORITY FOR ITS REFUSAL TO APPLY TO THE
ELECTION COURT TO VOID THE ELECTION RESULTS IN THE CONSTITUENCY OF
THE PRIME MINISTER
ELECTION PETITION ACT, SECTIONS 3, 4, 8, 37, 38
REPRESENTATION OF THE PEOPLE ACT, SECTIONS 34(4), 44(10), 44(10A), 77(1),
78(1), 78(1A), 81A, 92, 93, 99 52
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