Taylor, Charmaine v Branch Developments Limited trading as Iberostar Rose Hall Resort
Breach of Contract of Employment – Wrongful dismissal - Whether lay-off amounted to a dismissal - Defamation of Character - Whether Defendant’s conduct amounted to defamation - Damages
Facey, Trevor v Phil's Incorporated Limited, Phillips, Basil and Weller, Everton
Occupier’s Liability – Negligence - Contributory negligence - Apportionment of liability – Quantum of damages
Pine, Miguel v Commissioner of Police
Judicial Review – Application for leave to apply for Judicial Review – Breach of Natural Justice – Fair Hearing – Remedies – Mandamus – Reinstatement of Probationary Officer – Usurpation of Statutory Authority – Sparing exercise of Court’s discretion to reinstate – Conflict of evidence between Parties - Public interest element – Mandamus imposed where there is a clear duty and not mere discretion – Promptness of Application for leave – Delay – Whether there is a good reason for Delay – Arguable ground with a Real Prospect of Success.
Wilkins, Ricardo v Powtronics Electrical Integrated Technology Limited, Farquharson, Donald and Jamaica Public Service Co. Limited
Assessment of Damages – Award of Costs – Application of Part 64 CPR rule 64.6 – Principles on which costs may be apportioned – Factors which influence discretion to depart from the general rule that the unsuccessful party should pay the costs of the successful party
Dunkley, Carlton v Chen, Jeremy and Chen, Lisa
Breach of Contract – Oral Agreement for sale and purchase of Motorcar – Recovery of sum due and owing – Interest at Commercial Bank Rate - Beneficial and Legal owner - Counterclaim – Failure of Consideration – Rental Arrears – Insufficient evidence – No receipt of payment - No date of payment – Substantial deprivation of Benefits – Least difficulty or embarrassment caused by burden – Proof of positive proposition preferred than negative proposition – Judgment for the Claimant.
Griffiths-Brown, Corrine v Brown, Conrad James
Division of Property – Whether subject property was family home whether subject property was a gift to the Defendant – whether Claimant made contributions to improvement of family home – whether Claimant entitled to beneficial interest therein – Proprietary Estoppel – whether Claimant entitled to interest in animals: Property (Rights of Spouses) Act 2004 Sections 6, 7, 2 and 13
Bernard-Kilbourne, Audrey v The Board of Management of Maldon Primary School
Part 56 of the Civil Procedure Rules – Whether or not application for declaration against public body without application for judicial review an abuse of process – Circumstances in which Reg.
Television Jamaica Limited v CVM Televison Jamaica Limited
Injunction - Copyright – Sections 53 and 54 of Copyright Act – Whether Defendants use of copyrighted material is lawful – Whether Fair Dealing exception applies – Interlocutory Injunction – Test where Interim Injunction gives entire remedy.
VRL Operators Limited v National Water Commission, The Attorney General of Jamaica, The National Works Agency et al
Preliminary Ruling-Evidence - Whether computer generated evidence admissible - Whether business records admissible - Sections 31 DEFG&H of Evidence Act - Whether necessary to call person who input the data onto computer system – Meaning of “Subject To”.
Riley, Roydel v Burke, Ephraim; Lawrence, Julius et al
Application to Set Aside or Vary Order Granting Permission for Filing Ancillary Claim – Whether Appropriate Application – Whether Applicants Should Have Filed Appeal against Order – Whether Ancillary Claim Appropriate Based on the Grounds Stated – Provision in Policy of Insurance for Arbitration – Whether Ancillary Claim Should Await Outcome of Arbitration of Issues – Subrogation – Alleged Negligence of Attorney-at-law.
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