Oxford Finance Limited (Formerly Alliance Finance Limited) v Core Development & Construction Limited and Jason Smith
Summary judgment – Breach of contract – Whether contract is unenforceable for being in breach of Statute – Statutory illegality vs Common-Law Illegality – Unjust enrichment – Breach of contract
Stewart, Lauriston v Delta Investment Company Limited
Civil Procedure - Application to strike out claim for abuse of process – Whether claim barred by issue estoppel, res judicata or a collateral attack on an earlier decision – the effect of the filing of an appeal against the earlier decision – Civil Procedure Rules 26.3(1)(b), 26.1(2)(e)
Donaldson, Matthew v Brownie, Chescot, Henry McCUrdy and Garth Wilkinson et al
Injunction – Application for interim injunction – Whether the threshold test for the grant of an injunction has been met – Whether the applicant has demonstrated on a preponderance of the evidence that there is a serious issue to be tried – Fraud – Whether there is sufficient cogent evidence before the court to establish fraud – Presumption of advancement – Whether the presumption of advancement has been rebutted on the evidence – Balance of convenience – Whether the balance of convenience lies in favour of granting the injunctive relief sought – Damages.
Robinson, Kenya v Ashley, Her Honour Ms. Ashley
Judicial Review – Committal proceedings – Committal proceedings conducted by a single judge of the parish court sitting as an examining justice in a court of petty sessions – Accused person committed to stand trial in the circuit court for the offence of murder – Whether the decision of the examining justice is amenable to judicial review – Whether the statutory requirements for a committal on paper were complied with – Whether the impugned witness statement met the statutory requirements for admissibility – Whether the impugned witness statement purports to be signed by the maker and the r
Peart, Barbara (Representative of the Estate of Haskell Arnold, deceased, Madge Remekie et v Duncan, Errol and Alcovia Development Company Limited
Civil Procedure Rules – Rule 26.3(1) (a)(b)(c) – Rule 26.3(1)(a) – Whether the claim should be struck out for failing to comply with a rule of the CPR – Rule 8.9
Carter, Donovan v Blidgen, Janeil, Oshane Sulph and the Attorney General of Jamaica
Application to strike out amended acknowledgement of service - Application for matter against defendant to be struck out – Crown Proceedings Act – Estoppel by Representation
Williams, Richard v Bercyn Farms Limited
Application to strike out defence – Rules 3.12(1), 3.12(2), 3.12(3), 3.12(4), 3.12(8), 3.13(1) – Rules 10.5(5), 10.5(7), 10.7, 10.5(3)(c) – Rules 26.3(1)(a), 26.3(1)(b), 26.3(1)(c) of the Civil Procedure Rules
Samuels-Bennett, Shanagaye v Adams, Maurene
Tort – Negligence – Motor Vehicle Collision – Liability for Collision – Whether or not the Defendant Was Negligent in her Operation of the Motor Vehicle and was Fully Liable for Colliding with the Claimant – Whether or not the Claimant Contributed to the Collision and the Extent of her Contribution.
Assessment of Damages – Quantum of General and Special Damages – Fracture to Tibia with Permanent Partial Impairment – Loss of Earning Capacity.
Kinghorn, Sean and K & K (Management and Holdings) Company Limited v Reverent Marlon Gowdie (trading as MJ Systems) and Janice Gowdie et al
Breach of Contract – Professional Negligence – Fraud – Ownership of Intellectual Property for Work done during Employment
Samuels, Darven v Dolphin Cove Limited
Civil Procedure - Civil Procedure rule 20.6 - Amendments to particulars of claim after limitation period - Whether amendments prohibited on the ground that they set up a fresh claim in negligence after expiration of the limitation period - Whether the court should exercise its discretion to permit the proposed amendments.
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