Cedric Lanyon Harper v David Lee
Civil Procedure - Effect of failure to file application to pay by instalment form (form 6) with claim form in accordance with CPR 8.16(1)(e) - Whether this is a defect which may be cured - Whether re-serving claim form with application to pay by instalment is a method by which defect may be cured - Whether such reservice of claim form must be within 12 months life of the claim form - Whether an extension of time within which to serve claim form may be made more than 12 months after the claim form was issued
Bent, Shinellee (dece'd) (by her mother and next friend Kerron Merchant) v Hudson, Oneil et al
Application - Jurisdiction to hear claim – Claimant was not appointed personal representation of the deceased intestate estate. Application for mother and next friend of the deceased to be appointed guardian ad litem for deceased intestate – estate amendment to claim – doctrine of relation back.
Seivwright, Keith v Seivwright, Dennis (Executor for the Estate of Alice Seivwright)
Property Law - Proprietary estoppel – Adverse possession – Exclusive possession – Actual possession – Sufficient unequivocal acts of ownership – Whether a mere notice interrupts possession of property.
Scott, Tracia v The Bank of Nova Scotia Jamaica Limited
Civil Practice & Procedure – Notice of application – Striking out statement of Case – No reasonable cause of action – No reasonable ground for bringing the Claim – Termination of banking services with reasonable notice – Whether the claim is bound to fail – Whether the Defendant had reasonable cause to close the Claimant’s bank account – Proceeds of Crime Act, section 92 – Civil Procedure Rules, rule 26.3(1)(c)
Finzi, Winston v Jamaican Redevelopment Foundation Inc., Jonathan Goodman, Janet Farrow et al
Commercial law - Claim for fraud - Statue of limitations - Whether there is a statutory extension for claims in fraud in Jamaica - Whether a due diligence test applies to claims for fraud.
Legal profession - Claim for breach of a professional undertaking - Whether there is an undertaking as a matter of construction - Whether statute of limitations applies to claims for breach of undertaking.
Sims, George and Ione Sims v Reid, Paul
Fraud – Allegation of forged signature on transfer document – Handwriting expert evidence – Registration of Titles Act sections 68, 70, 71 and 161 – Indefeasibility of registered title
Sappleton, Lorel v The Industrial Disputes Tribunal and Cemex Jamaica Limited
Judicial review - Redundancy - Whether the Industrial Disputes Tribunal acted ultra vires, stare decisis, Lack of consultation
Small, John v Small, Hyacinth and the Estate of James Alexander Small (By Hyacinth Small, Legal Representative of the estate)
Civil practice and procedure - Application to set aside default judgment - Whether defendant has real prospect of successfully defending the claim - Contested Probate - Rule 68.55 (1) of the Civil Procedure Rules
JEBMED S.R.L. v Capitalease S.P.A. Owneres of M/V Trading Fabrizia et al
Admiralty – Ship arrested and ordered, sold – Application to vary Order – Whether under liberty to apply – Rule 26.17 – Whether Change in Circumstance Whether mortgagee to be put in possession – Whether effect of variation is to end arrest and sale by bailiff – Whether order interlocutory or final.
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