Dacres, Paulette v Dacres, Oneil
Property Rights of Spouses - Division of Property – Variation of Half Share Rule.
Graham, Caliston v Coast to Coast Quarries Limited, Coast to Coast Concrete Company Limited, Clifton Johnson and Shelly Ann Simpson et al
Company Law - Section 213A Companies Act - Whether there are instances of mismanagement of the 1st and 2nd Defendants - Whether the Claimant is entitled to recover funds invested in the 1st and 2nd Defendants - Whether the allegations of fraud have been proven - Whether the affairs of the 1st and 2nd Defendants have been conducted in an oppressive and/or unfairly prejudicial manner - Whether the Claimant was improperly removed as shareholder- Appropriate remedies - Winding-up - Investigation - Buyout.
Williams, Lorris v Prince, Corie
Civil Practice and Procedure –– The Property (Rights of Spouses) Act ––Application for extension of time to bring a claim for division of property under section 13 (2) of The Property (Rights of Spouses) Act –– Factors to be considered by the Court for an extension of time –– Whether the delay is Inordinate –– Whether there is a good reason for the delay –– Whether there is a prima facie case –– Prejudice –– Whether the overriding objectives is in favour of the granting or denying the extension of time.
Peart, Kenneth Leighton (Son of the deceased Kenneth Peart aka 'Fudgie' v Peart, Nadine (Executrix of the Estate of Kenneth Leighton Peart) and Donna-Kaye Sharpe
Civil Procedure Rules – Part 68 – Application to remove administrator pendente lite and to appoint another administrator pendente lite – Judicature (Rules of Court) (Master in Chambers) Rules 2021 – Whether master in chambers has jurisdiction to consider the application – Whether court has jurisdiction to set remuneration of administrator pendente lite
McKnight, Scott Anthony v Smith, Georgina
Trial – Division of Property – Unmarried couple - Constructive trust, proprietary estoppel -Interest acquired in property common intention
Thomas, Creslyn v Casserly, Carlos
Division of Matrimonial Property – Whether the property - A business - Is jointly owned by both Spouses or by the one Spouse and Third Parties - Whether the Claimant Spouse made any financial contribution to the development of the business - Whether the Claimant spouse made any non-financial contribution to the development of the business. Occupation Rent - Whether the Claimant spouse is entitled to occupation rent.
Boothe, Pearline (Wife and near relation to and Administrator of the estate of the late Lester Boothe, deceased and Pearline May Boothe v Bargain Rent-A-Car (Jamaica) Limited
Trial – Fatal Accident - Law Reform (Miscellaneous Provisions) Act - Fatal Accidents Act – Negligence – Burst tyre - Liability.
Dassado, Roy v Brown, Jennifer
The Property (Rights of Spouses) Act, S. 2 – The definition of spouse – The definition of family home – Section 3 and 30 of The Limitation of Actions Act
Lewars, Leonie v Senior, Curtis
Tort –– Negligence –– Personal Injury –– Claimant bitten by a dog –– Whether Medical Reports that were not listed in List of Documents and not pleaded are admissible –– Duty of Care –– Whether duty of care was breached –– Standard of care.
Assessment of Damages –– Pain and suffering –– Loss of Amenities –– Special damages –– Transportation Expenses – Loss of Earnings.
Leiba Gayle, Cheryl and Williams, Gary Charles and Beverley Warren
Injunctions – Granting an Injunction as an Interim Order – Proprietary Injunction vs. Mareva Injunction – Can a beneficiary of a deceased’s Estate apply for an injunction against the assets of the Estate - Is there a serious issue to be tried – Are damages an appropriate remedy – Was there material non-disclosure – Is it just and convenient to grant the injunctive relief – Judicature (Supreme Court) Act, section 49(h) – Civil Procedure Rules, 68.9, 68.10, 68.18, 68.23 and 68.58