Construction Developers Associates Limited v Urban Development Corporation
Civil Procedure - Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules-Application to set aside - Whether paying party entitled to set aside Default Costs Certificate - Both parties in technical breach of the rules - Good Reason - Points of Dispute.
Spur Tree Spices Jamaica Limited v The Minister of Labour and Social Security
Accusation of theft –Summary dismissal of employees – Failure to comply with the
Labour Relations Code – Offer of reinstatement – Meaning of reinstatement in fact
and law – Disciplinary hearings on same facts which triggered improper dismissals
– Propriety of condition subsequent to reinstatement – Definition of industrial
dispute – Whether there was an extant industrial dispute at time of Minister’s
referral – Need for second complaint after second dismissal – Minister’s referral
Williams, Hylton v Allen, David and Freckleton, Richard
Negligence -Motor vehicle accident – Motor car and pedal cyclist - Credibility of parties – Whether Claimant contributorily negligent - Damages - Assessment - Personal Injury.
Television Jamaica Limited v Linscom Network Limited
COPYRIGHT – Cable Television – Whether Defendant infringed copyright by broadcasting Diamond League event - “overspill” - Whether Defendant liable – Statutory construction – Copyright Act sections 31(5), 31(1), 32(3).
Anslip, Ryan v North East Regional Health Authority
Employment - Dismissal – Fixed Term Contract providing for dismissal and for termination of engagement with notice or salary in lieu of notice - Claimant's employment terminated without notice – Salary in lieu of notice and additional payments given – Whether Claimant dismissed for cause
No evidence presented in support of Defence - Whether court obliged to accept Claimant’s account.
Mr. D v Mrs. D
Family Law – Custody of children – Application to vary of order - Change in circumstances – Custodial parent no longer resident in the jurisdiction.
Rose, Esther v Rose, Kenneth
Family Law – Section 13 of the Property (Rights of Spouses) Act - Fixed Date Claim Form filed seeking division of matrimonial home and an extension of time to make claim out of time - No separate Application filed seeking an extension of time - Validity of Fixed Date Claim Form.
CEAC Solutions Limited v National Works Agency and Attorney General of Jamaica
Contract - Variations - Whether work done - Evidence by video link - Whether witness to affirm..
Blake, Carol v University Hospital Board of Management
Negligence – Medical negligence – Negligence not established on the evidence.
Downer, Denton v Solid General Insurance Brokers Limited, Advantage General Insurance Company, Solid Life General et al
Applications for relief from sanction trial commenced - Trial judge ruled statements of case had been struck out - Trial aborted - Applications made after trial - Whether delay inordinate - Whether there are good explanations for the delay - Rule 26.8., CPR.
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