Ofer, Raziel v Thomas, George and George Thomas & Col. Et al
Practice and Procedure - Costs - Whether to be taxed immdiately - Whether special costs certificate to be granted.
Nelson, Annette and Brown, Luscelda v Murray, Glasspole
Private Nuisance – Construction of roadway on common property – Roadway
constitutes a danger – Whether user unreasonable and alien. Easement of Necessity – Rule in Wheeldon and Burrows – Presumed intention of
parties – Alternate Access – Right of footpath or General right of way Injunctive Relief – Principles governing the exercise of the courts discretion –
Material infringement of Claimant’s right – Conduct of parties.
Nanco, Joseph v Lugg, Anthony and B & J Equipment Rental Limited
Default Judgment – Application to set aside judgment entered in default of defence – Prescribed notes to the defendant and form of defence not served with claim form – Acknowledgment of service filed with notice of intention to defend – No defence filed –
Whether defendant submitted to jurisdiction of the Court – Whether waiver of irregularity in service of claim – Whether default judgment irregularly or regularly obtained - Conditions to be satisfied for setting aside default judgment – CPR, 8.16(1); 9.6; 12. 5; 13.2 (1) (b); 13.3; 26.9; 30.3
Mullings, Rowan v Allen, Joan and Thompson, Louise
Expert evidence - Part 32 of the Civiil Procedure Rules (CPR) - Oral application and written application - Oral evidence by expert - Need for expert report to be prepared - Section 31E of Evidence Act - Relationship between Part 32 of the Civil Prodecure Reles and Part 31 of the Civil Procedure Rules, - Proposed appointment of expert witness during trial - Jointly instructed expert witness - Whether another expert witness should be appointed by the Court.
Morrison, Harold v Woodstock, Robert (Trading as Harold Morrison & Associates and Hatfield Developers Limited
Application by Interested Person – Application to Set aside Provisional Charging Order – Application to Set aside Injunction- Application for Final Charging Order – Priority of Interests – Section 134 of the Registration of Titles Act – Effect of Lodging Court Order with Registrar.
Morgan, Akeem (by his next friend Kerry Ann Harrison) v Porter, Owen
Assessment of damages – Pain Suffering and Loss of amenities – Loss of fingers on dominant right hand, loss of teeth and fracture to right leg – Post Traumatic Stress Disorder– applicability of multiplier/multiplicand
approach to replacement cost of prosthesis – size of multiplier – young claimant – whether damages for loss of earning capacity to be assessed using multiplier/multiplicand approach or conventional award to be made – validity of Notice of Objection to tendering Hearsay Statement in Evidence.
Montague, Sarah v Willie, Derrick and Willie, Joan
Trespass to Land – whether land sold prior to deceased owner’s passing – Whether documentation forged – Expert Handwriting evidence.
Williams, Michael ‘Mid Island Poultry Ltd. v Electrical Rewind Services Ltd. and Salter, John
Breach of contract - Negligence - Detinue & converstion - Whether claim for damages for negligence can properly be pursued in circumstances which are founded on a contractual agreement - Whether second defendant has propertly been made a party to claim - Failure to put forward reasons for denial of one aspect of claimant's claims - Effect of such failure.
Williams, Michael ‘Keyboard Money Mike’ v Ellis, Ian ‘Ity’ ; Hardware, Alton ‘Fancy Cat’
Security for costs - Claimant not ordinarily resident in jurisdiction - Application to strike out statement of case.
Meadows, Dennis and Blaine, Betty Ann et al v Attorney General of Jamaica and The Jamaica Public Service Company Limited. et al
Statutory interpretation – Section 3 of the electric lighting act – Whether the minister is permitted to grant licence to one person to supply electricity for the whole island.
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