Green, Lovell v Porter, Special Corporal Owen
Assessment of Damages – Seizure and detention on motor vehicle – Vehicle never returned – Loss of earnings as a result of detention and conversion – Certainty of damages – Mitigation of damages – Exercise of discretion where no documentary evidence available.
Curtello, Suzette v University of the West Indies Board of Graduate Studies
Judicial review - Royam Charter establishing university - Whether Court has jurisdiction over matters within province of the university visitor.
Commissioner, The Independent Commission of Investigations and Plummer, Mollie 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 success – Whether delay in bringing Application – Whether discretionary bar – Whether Alternate Remedy – Whether Undue delay - Whether decisions of Resident Magistrate lawful – Criminal Justice Reform Act.
Tait, Billy v Salmon, Wesley
Negligence – Motor vehicle accident – Both vehicles being driven on same side of dual carriageway – Claimant’s vehicle stuck at the rear – Assessment of damages.
ATL Group Pension Trustee Nominee Ltd v The Industrial Disputes Tribunal and Barber, Catherine
Judicial Review - Application for leave for judicial review - Whether Industrial Disputes Tribunal had evidence on which to base conclusions - Whether member of Tribunal disqualified on grounds of bias - Whether award was irrational.
First Global Bank Limited v Dussard, Garfield
Service of Statements of Case – Application to pay by Installments not served – No Acknowledgment of Service filed - Default Judgment entered- Whether on facts waiver of irregularity in service – Application to set aside Default Judgment - Whether Summary Judgment or Judgment on Admission permissible
McMorris, Donovan v Bryan, Maurice
False imprisonment – Malicious prosecution – Whether claimant can be held liable as a private individual who neither arrested, imprisoned criminally charged nor directly prosecuted the claimant – Application to strike out claimant's statement of case.
National Commercial Bank Jamaica Limited; NCB Insurance Company Limited and Data-Cap Processing Ltd. v Commissioner General Tax Administration of Jamaica
General Consumption Tax– GCT paid within prescribed time - Returns filed a day late – Penalty imposed – Whether liability appropriate – Meaning of ‘Due and Payable’ – Appropriate procedure when returns filed late – Sections 33, 54(2) General Consumption Tax Act.
McGaw, Dwayne v Jamaica Infrastructure Operator Limited and United Management Services Limited
Civil Procedure Rules (CPR) , R. 27.8 (4) – Interpretation – Need for compliance with Case Managment timetables – Importance of attendance of party at Case Management Conference – Exercise of Court's discretion.
Johnson, Merlene v Campbell, Ainsworth
Civil Procedure - Application to set aside default judgment - Application for Extension of Time within which to file defence - Tests to be applied-Application of rule 13.2 - Application of rule 13.3 - Allegation of defect in service - Whether setting aside is as of right or discretion should be exercised - Whether reasonable prospect of successfully defending the claim - Rule 1.1 the overriding objective.
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