Anderson, Ricardo v Fraser, Perry and Titan Construction
Negligence - Internal inconsistency in pleadings - Liability for motor vehicle collision - Whether loss of earnings should be awarded in the absence of effort to obtain proof of employment and pre-accident earnings - Maximum Medical Improvement not reached - Assessment of damages for pain and suffering and loss of amenities where evidence of disability rating not accepted - Handicap on the labour market - Future medical care - Property damage claimed as general damages - Whether interest payable on award for property damage and future pecuniary loss - Defendants served with claim on differe
Gayle, Naveiney (Personally, and as Administrator Ad Litem, In the Estate of Vijae Gayle, Deceased and Burns Gayle v Board of Management, University Hospital of the West Indies
Negligence – Medical negligence – The duty of care owed by a medical practitioner to a patient – Patient admitted at hospital over a period of six days – Patient died while admitted in hospital – Whether the medical practitioners attached to the hospital owed a duty of care to the patient – Whether the medical practitioners attached to the hospital breached that duty of care – Whether the medical practitioners attached to the hospital used all proper professional skill, care, competence and diligence during their investigation, diagnosis, management and treatment of the patient – Causation
McKenzie, Karen v Fullerton, Veronica
Civil Practice and Procedure –– Land Law ––Trespass to Land –– Whether the Claimant is entitled to damages for trespass –– Whether the Claimant is entitled to a declaration that she is the beneficial owner of the disputed area –– Whether the Defendant acquiesced in the disputed boundary for a period exceeding seven years –– Whether the Defendant trespassed on the disputed area and unlawfully demolished the boundary wall ––Encroachment –– Adverse Possession –– Reputed Boundary Wall –– Breach of Boundary Wall –– Whether the Claimant and her predecessor-in-title have adversely possessed the re
Urban Links Limited and Luv Chat Mobile Communication Center Limited (Formerly Luv Chat Limited) v Digicel (Jamaica) Limited
Contract – Dealer/Distributorship Agreements – Termination of contract – No provision for termination without cause – Implied term as to reasonable noticeFixed term contract – Whether invalid termination notice capable of operating as notice to determine.
Panther, Christopher and Austen Douglas-Panther v Hemmings, Everald and Benhem Eco Construction Services Limited
Civil procedure – Breach of contract - Whether the Defendants are in breach of the construction contract - Whether the Claimants suffered loss and damage to effect the remedial work - Whether the Defendants are entitled to the sum on Counterclaim - Remedy for breach of contract - Measure of damages.
Alydar Investments Limited v Nika Management Company Lijmited, Nigel W. Jones and Karolin Campbell Jones
Civil Procedure – Summary Judgment application - Application for the claim be struck out or a declaration that the Claimant has no standing to bring the claim - Microcredit Act - Money Lending Act, S. 5, 9, 10, 64 and 65 - Civil Procedure Rules, 2002, Rule 15.6.
Smith, Maurice A and Kathy A. Smith v C & D Construction & Engineering Limited
Civil Procedure – Whether matter should be referred to arbitration - Whether Final Certificate constitutes conclusive evidence that works were proper carried out - Whether there are any reasonable grounds for bringing the claim - Arbitration Act, S. 14 – The Civil Procedure Rules, 2002, Part 26.
Ascendancy Caribbean Limited v Berry, Hansley and Deleta Lawrence
Civil procedure - Breach of Contract - Trial after grant of Summary Judgment - Whether Defence is a bare denial - Whether a claim for fraud or forgery has been sufficiently pleaded - Without prejudice communication - Whether the Claimant has provided sufficient evidence to support its claim - Whether Secondary evidence can be used to prove interest rate – Costs - The Civil Procedure Rules, Rule 64.6.
Morrison, Kasie Ann v Elephant Group Jamaica Limtied (trading as Centerfield Jamaica), ADV Communication Limited and A & A Services Solutions (SSC) Limited
Civil Procedure – Application to strike out – Non-compliance with court order – Whether statement of case discloses reasonable ground for bringing claim – Whether ruling in earlier interlocutory proceedings for declaratory and injunctive relief is dispositive of substantive case – Whether claim amounts to abuse of court process – Data Protection Act – Definition of data controller – Definition of data processor – Whether Part IV Standards for Processing Personal Data applies to data processor – Date of coming into force of the Act.
Nain, Audley Vivian v The Attorney General of Jamaica and Althea Pinto
Tort – False Imprisonment – Malicious prosecution – Defamation – Aggravated Damages – Exemplary Damages – Elements which must be proved - Defences - Circumstances in which Aggravated and Exemplary Damages are awarded.
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