United Management Services Limited v The Industrial Disputes Tribunal and the Minister of Labour and Social Security
Administrative Law - Judicial Review – Application for Leave to apply for Judicial Review – Orders of Certiorari and Prohibition – Non-Unionised Worker – Apparent Bias - Minister’s Power to refer matter to Tribunal – Whether Applicant has an Arguable case with a Real Prospect of Success.
Trowers, Errol v Noranda Jamaica Bauxite Partners Limited
Nuisance – Mining operations – Dust and Noise – Whether substantial or trifling Negligence – Duty of care - Whether Statutory Duty breached Damages - Quantum
Weston-Parchment, Helen (Administratrix, estate Headley Weston) v Weston, Pete
Application to strike out defendant’s statement of case - Defence allegedly disclosing no reasonable grounds for defending the claim - Non-compliance with court order- Failure to attend mediation - Rules 74.9(1) and 74.14(6) of Civil Procedure Rules (C.P.R.) –
Wallace, Matthew v Kettle, Mark Anthony
Negligence - Motor vehicle collision - Claimant switching lanes when unsafe to do so - Defendant failing to brake - Contributory negligence - Assessment of damages - General damages for whiplash injury
Witter, Kristophe (b.n.n.Joan Samuiels) v James, Sheldon and Attorney General of Jamaica
Personal injuries and treatment - Infant - One of Twins - Head injury- Concussion - Bleeding from mouth and nose – Unconsciousness - Local seizures - Hospitalized after urgent air evacuation - Outpatient treatment - Psychological impairment - Marked personality and educational difference from twin.
L.D.T. Services Limited and Forte, Leon v Twin Acres Development Company Limited et al Between Twin Acres Development Company Limited, Manderson, Horace et al
Contract - Partnership - Company formed - Claim by one partner for work done and money owed- Breach of fiduciary duty and/ good faith - Claim for return of sums wrongly requested- Misrepresentation - Fraud - Conversion
Bent, Keisha v The Commissioner of Police
Judicial Review – Dismissal of Applicant – Breach of Natural Justice – Whether Decision Disproportionate – The Police Service Regulations, 1961 – Order of Certiorari Sought
Lewis, Raymond v Lewis, Fuller, Dr. Evas; Lewis Crutchley, Violet and Lewis Forbes, Susan
Oral application for extension of time - Failure to lead affidavit evidence when making application to extend time – Opposition to application to extend time – Relevant factors to be considered when extending time to file defence – Overriding objective – What is just in the circumstances.
Harriott-Simms, Denise v Simms, Lenroy
Application for declaration of entire interest in family home - Section 6 and 7 of PROSA - Statutoryequal share rule - Variation of statutory equal share rule - Section 7 factors - Monetary contribution not a section 7 factor - Whether maintenance of children can be a section 7 factor - duration of marriage - Undefended claim - Burden of proof regarding displacement of presumption that parties are entitled to equal share of the family home - Post - Separation financial contributions.
Tomlinson Maurice Arnold v The Attorney General of Jamaica
Administrative Law - Application to be heard – Factors to be considered - Whether applicants having sufficient interest – Effect of possible prejudice to Claimant - Extent of participation to be permitted - Whether intervention of Public Defender’s supported by statutory remit.
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