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.
Brown, Ventrice v Marshall, Henry and Bailey, Patrick Consolidated with Smith, Falenson v Marshall, Henry Consolidated with Smith, Andrew v Marshall, Henry et al
Motor Vehicle accident blameworthiness – Credibility – Road Traffic Act - Damages