Capital And Credit Merchant Bank Limited v White, Lenbert and Ryman, Cheryl
Civil Practice and Procedure – Application to set aside default Judgment – Whether court personally served – Whether defence shows real prospect of successfully defending claim
Cable & Wireless Jamaica Limited v Alliance Investment Management Limited et al
Contract – bank guarantee – guarantee given pursuant to Telecommunications Agreement – characteristics, meaning and effect of guarantee – construction of guarantee – whether guarantor contravenes terms of guarantee by refusing to pay on demand
Civil Procedure - summary judgment – judgment after determination of a preliminary issue of law – considerations to be applied in granting judgment – whether claimant entitled to judgment on a proper construction of the guarantee-CPR, rules 26.1 (2)(j); 15.2.
C&H Property Development Company Limited v Capital And Credit Merchant bank limited
Company Law - Security for costs application under Section 388 Companies Act- What constitutes credible testimony of reason to believe company will be unable to pay costs - Sub-sections 221(a) and 221(c) Companies Act - Different requirements - When company deemed to be unable to pay debts - Inability/failure to pay debts more crucial test of insolvency than whether liabilites exceed assets
Burghardt, Sharon and Burghardt, Harold v Taylor, Tracy
ADVERSE POSSESSION – TENANCY AT WILL – BARE LICENSEE – REVOCATION OF
LICENCE – BENEFICIARY GIVING PERMISSION TO OCCUPY LAND – ACCRUAL OF
RIGHT TO BRING ACTION FOR RECOVERY OF POSSESSION – FAILURE TO
DEMONSTRATE LIMITATION PERIOD – LIMITATION OF ACTIONS ACT SS. 3, 4, 9, 30
Brown, Rio v N.E.M. Insurance Company Jamaica Limited
Insurance policy – Law of contract – What constitutes offer by insured and acceptance by insurer – Whether accord and satisfaction, release and discharge – Whether average clause applicable – Significance of term "SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY"
Brown, Christine v The Attorney- General of Jamaica
Injury on roadway- Non-feasance - Mis-feasance - Negligence
Bowniafair, Jereta v Monroe, James
Doctor engages to do emergency special surgery – Fails to do so – Whether Negligent - Damages
Bowes, Fabian v Bowes,Bowes, Paulette
Notice of Appeal out of time – Application for leave to Extend Time to file Notice of Appeal – Factors to consider - Whether Court has jurisdiction to grant application
Bolton, Adassa v Mazie Henry, Dwayne Henry, etal
Negligence – Motor Vehicle Collision – Inevitable Accident – No Need for Specific Pleading Definition – Apportionment of Liability
Blue Power Group Ltd v Hycinth Mcdonald and Trustee in Bankruptcy
Contract – Agent – Goods credited by employee and used to refurbish employer’s premises – Vendor unpaid – Employer in liquidation – Whether employee contacted in her own name or in the capacity as agent – Whether employee personally liable or liquidator liable.
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