Christian, Glenford Et al v Weststar International Ltd Et al
CIVIL PROCEDURE-APPLICATIONS FOR COURT ORDERS-APPLICATIONS MADE PURSUANT TO A LIBERTY TO APPLY CLAUSE IN A CONSENT ORDER-WHETHER APPLICATION FOR DISCLOSURE AND VERIFICATION OF SUMS A VARIATION OF THE CONSENT ORDER-NO REQUIREMENT FOR DISCLOSURE OR VERIFICATION IN THE RELEVANT PARAGRAPH OF THE CONSENT ORDER-WHETHER THE LIBERTY TO APPLY CLAUSE MAY BE USED FOR SUCH APPLICATIONS-NO FRAUD, MISREPRESENTATION OR CHANGE OF CIRCUMSTANCES.
The Caribbean Examinations Council v the Industrial Disputes Tribunal Et Al.
Judicial Review-Decision of Industrial Disputes Tribunal - Labour Relations and Industrial Disputes Act – Caribbean Examinations Council relying on immunity from legal process – Diplomatic Immunities and Privileges Act – Diplomatic Immunities and Privileges (Caribbean Examinations Council Order) 1998 – Whether IDT engaged in a legal process– Whether immunity restrictive – Whether IDT lacked Jurisdiction
Bennett, Winsome v The Minister of Finance, The Jamaica Constabulary Force and The Attorney General of Jamaica
Declaration for entitlement to widow’s pension – Section 62 of the Constabulary Force Act – Whether the Claimant is entitled to widow’s pension – Whether a widow is a person legally married to the deceased – Status of Children Act - Equality of children regardless of parents being married - Reformative legislations – Shift from Literal Statutory Interpretation - Purposive approach in Statutory Interpretation - Spouse include unmarried persons in common law unions – The ordinary meaning and popular sense of the word widow include a common law spouse.
Administrator General Of Jamaica v The Attorney General Of Jamaica & The Village Green Management Company Ltd
Negligence - Breach of statutory duty - Agency – Whether management company servant or agent of Crown - Crown Property (Vesting) Act ss.4 and 7. Registration (Strata Titles) Act. ss.2 and 10.
DaCosta, Anthony v Aim Financial Corporation, Nationwide Insurance Agents & Consultants and Advantage General Insurance Company Limited
Damages - Assessment of Damages – Breach of Contract – Loss of Use of Motor
Vehicle – Loss of Earnings – Double Compensation – Remoteness –
Impecuniosity
Davidson, Alton George v Clarke, Michael and The Commissioner of Lands
Contract Law – Agreement of sale for land – Specific performance – Land allotted by the Commissioner of Lands – Was there an intention to sell the land – Is the agreement for sale of land valid and enforceable – Should damages be awarded for loss of bargain – Is there a loss of profits – Recovery of Possession.
Commissioner, The Independent Commissioner of Investigations and Mollie Plummer v Tie, Carolyn, Senior Resident magistrate Montego Bay Resident Magistrate's Court
Judicial review - Application for leave to apply for judicial review - Whether applicants have arguable grounds with a realistic prospect of successs - Whether delay in bringing application - Whether discretionary bar - Whether alternative remedy - Whether undue delay - Whether decisions of Resident Magistrate lawful - Criminal Justice Reform Act, S. 16.
Pear Tree Bottom Land Owners Association Limited v Grand Bahia Principe Hotel, Hojapi Limited, Tankweld Development Limited, BNS, BOJ, Attorney General and DPP
Summary Judgment – Defendant’s Application to Strike Out Claim – Whether the Bank of Jamaica has a duty to intervene in private banking contracts – Whether commercial banks have a duty to investigate fraud before issuing mortgages – Banking Act s. 39 and s. 41 – Registration of Titles Act s. 71 and s. 263
Guyah, Omar v The Commissioner of Customs and The Attorney General of Jamaica
Judicial Review – Was the vehicle uncustomed goods – Locus Standi – Can the court make orders about the Claimant’s equitable rights in the absence of the legal owner – Was the vehicle unlawfully seized by the agents of the Jamaica Customs department – Abuse of Process – The Customs Act, s. 2, 19, 91, 210, 219 and 259.
Costs – No Orders as to Costs – Civil Procedure Rules, 2002, Part 64
Pharmacy Council of Jamaica v Registration Appeals Tribunal
Judicial Review – Jurisdiction of the Registration Appeals Tribunal – Was there a refusal by the Board to register the applicants as pharmacists – Competence – Does the Registration Appeals Tribunal have the power to make a decision after the expiry of its term in office – Conduct of the Appeal Hearing – The Pharmacy Act, s. 4, 11, 15 and 16, First Schedule s. 9 and Second Schedule s.8
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