Auto Channel Limited v Chin, Paul Martin and Others
Civil Procedure – Civil Procedure Rules - Summary Judgment – Agreement for Sale – Notice to Complete – Vacant Possession – Rescission of Agreement – Whether Agreement Completed by Delivery of Bank Undertaking for Payment of Purchase Price and Costs – Civil Procedure Rules (“CPR”) 2002, R. 15.6, 10.5, 26.3(1)(b) and (c), 64.6 and 64.6(4)(d).
Fulton, Sally v Ramson, John, Susan Silvera, Christopher Ramson et al
Company Law – S.213A of the Companies Act – Shareholder Oppression Remedy – Valuation of shares – Whether to apply Minority Discount – Whether real property was a redundant asset – Beneficial Ownership of Shares – Vendor - Purchaser Constructive Trust
Hunter, David v Radiant Mutual Limited, Ultra Financier Limited and Marlon Plummer
Civil procedure - Whether fraud, actual fraud or wilful blindness has been proven - Whether negligence has been proven - Damages for wrongful encumbrance and loss of opportunity - Nominal damages
Re: Number three Roxburgh Avenue, Acadia
Civil Procedure – Application for modification of restrictive covenants – Whether objectors to modification of restrictive covenants are required to file affidavit evidence – Whether a trial is necessary – Whether the trial should be held in chambers or in open court – The Jamaica (Constitution) Order in Council, 1962 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 13(3)(g) – The Restrictive Covenants (Discharge and Modification) Act, section 3(1) – Civil Procedure Rules, rules 15.3(c), 26.1(2)(c), 27.2 (7) and (8), 27.11(c
CM Recycling Company Limited v Selnor Developments Limited and Jason Mactavish Smith
Contract – Agreement for sale of land – Cash sale – Notice making time of the essence – Whether period of 21 days reasonable – Whether service by email valid notwithstanding contractual deeming provision – Whether negotiation after expiry of notice operates as a waiver – Whether estoppel applicable – Whether contract lawfully rescinded - Whether relief from forfeiture to be granted.
T.W. Metals Limtied v Fair Trading Commission and ARC Manufacturing Limited
Judicial Review - Claim for Judicial Review – Decision of Fair Trading CommissionLeave granted ex parte – Statutory right of appeal - Whether adequate alternate remedy – Whether absolute or discretionary bar - Whether grant of leave to be set aside - Whether claim an abuse of process - Costs.
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.
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