Chagod Tours Jamaica Limited (Formerly Shago Tours Jamaica Ltd.) v National Commercial Bank Jamaica Limited
Civil Procedure - Whether to strike out the claimant’s statement of case as an abuse of process of the court - Distinction between test for interim injunction and test for summary judgment - Whether a statement of case is an abuse of process given judicial determination that there is no serious issue to be tried - Whether to grant summary judgment in favour of the defendant - Banker / Customer relationship - The contract / tort overlap in commercial contracts - CPR 26. 1(3) (c) and CPR 15.
Causwell SNR., Michael and Michael Causwell JNR v Clacken, Dwight and LMH Publishing Limited
Civil Procedure and Practice – Defamation – Whether the publication contained defamatory material against the Claimant – Defence of justification – Defence of fair comment – Defence of qualified privilege – Assessment of damages – General damages – Aggravated damages – Exemplary damages – The Defamation Act 2013.
Brady, Winston v Keene, Suewayne Lloyd and Insurance Company of the West Indies
Civil Procedure - CPR rule 11.16 - Considerations on application to extend time - Whether time should be extended to make application to set aside orders made without notice - Application to set aside order for substituted service on insurance company - Whether reasonable efforts made by insurer to contact insured to bring contents of claim form and particular of claim to his attention.
Administrator General for Jamaica (Administrator of Estate Kevin Andrew Robinson) v White Diamond Hotels & Resort Limited (trading as Royalton White Sands) No. 2
Civil Practice and Procedure - Establishment and effect of conditional order - Rule 26.1(7) - Rule 27.11 - Whether application to vary date for compliance in conditional order is to be made pursuant to rule 26.8 or rule 27.11 - Considerations on application to vary under rule 26.1(7) - Whether time for compliance with conditional order should be varied - Rules 26.3(1) (a) and (b) - Considerations for striking out - Whether statements of case should be struck out for noncompliance with court orders or as an abuse of process - Rule 9.6 - Whether procedure to dispute court’s jurisdiction to tr
Marsh, Marvin v Western Regional Health Authority, Southern Regional Health Authority and The Attorney General of Jamaica
Civil Practice and Procedure – Civil Procedure Rules – Rule 26.8 – Applications for Relief From Sanction – Whether Claimant’s Application for Relief Was Made Promptly – Whether or Not Claimant Would Be Entitled to Relief Otherwise.
Civil Practice and Procedure – Consequence if Application For Relief from Sanction Fails and Witness Statement is Not Allowed – Whether or Not the Claimant’s Claim Should Be Struck Out Due to Lack of Evidence to Support Same at Trial.
GBL v SAM
Family Law - Return of child - The Hague Convention On The Civil Aspects Of International Child Abduction 1980 - Article 3, 11, 12 - Habitual residence – Agreement – Consent – Grave risk - The Children (Guardianship And Custody) Act, S. 7c And 7n.
Lewis, Mark v The Attorney General of Jamaica, Dwight Francis and Michael Ming et al
Civil Litigation: Tort - Malicious Prosecution and False Imprisonment - Default Judgment - Rule 12.9 (2) (b) - Multiple Defendants – Default Judgment against one Defendant before the conclusion of the trial.
Lee, Wendy, Martin Hopwood and Anne Hopwood et al v Attorney General et al
Constitutional law — Challenge to the environmental permit granted by the Minister
of Economic Growth and Job Creation — NRCA refuses environmental permit —
Forestry Department objects — Right to enjoy a healthy and productive
environment likely to be breached — Right to property — Oakes Test —
Comparative Law — International instruments — Decision of Minister and
Environmental Permit struck down as unconstitutional - Declarations — Injunction
The Charter of Fundamental Rights and Freedoms (Constitutional Amendment)
Wallace-Cohen, Alicia v Jamaica Broilers Group Ltd
Tort – Negligence – Breach of Occupiers Liability Act – Whether Defendant is Liable for the Claimant Slipping and Falling on their premises. Tort – Negligence – Employer’s Liability – Whether Defendant Breached their Duty of Care to the Claimant as her Employer.
Hardware & Lumber Ltd v Commissioner of Customs
Revenue Procedure - Revenue Court Rules 1972 - jurisdiction of the court - Rule 12 - amendment to statement of case - Considerations on applications to amend statements of case - Rule 32 - Considerations on applications to extend time - Application to extend time to file documents giving rise to appeal and submissions - Rule 40 - applicability of CPR 26.7(1) and CPR sanctioning regime
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