Lawrence, Gertude v Lawrence, Joseph
Civil procedure - Consent order - Application to enforce - Whether death of applicant seven months after order a supervening event which undermined or invalidated the basis on which the consent order was entered into Evidence - Determining the underlying assumption or basis on which a consent order was entered into - Whether conduct of respondent in devising property to children by will sufficient evidence to determine the underlying assumption or basis of consent order
Khiatani Jamaica Limited and Khiatani, Sunil et al v Sagicor Bank Jamaica Limited
Mortgage - Mortgagee exercising power of sale - Whether in breach of duty to mortgagor - What is nature and extent of duty owed by mortgagee to mortgage - Whether continuing with agreement already into can amount to breach of duty to mortgagor.
Reid, Cyrus v JP Tropical Foods Limited
Application to strike out statement of case under Rule 26.3 (1) of the Civil Procedure Rules - Limitation of Actions Act - Whether claim is statute barred - Application under rule 20.6 of the Civil Procedure Rules.
St. Catherine Co-operative Credit Union Limited v Rhule Herman et al
Civil Procedure - Application for stay of proceedings - Principles to be applied Mortgage – Whether foreclosure proceedings can be reopened – Whether difference between value of foreclosed property and mortgage debt and/or special value of land to mortgagor sufficient factors.
Smith, Georgette v Jamaica Defence Force Co-Operative Credit Union
Striking out application – Application for an administrative order – Application for constitutional redress – Application for constitutional redress joined with other claims in tort – Whether claim form is appropriate form for court proceedings upon this claim – Defence filed out of time – Application for an extension of time to file defence – Relevant factors to be considered by the court in respect of an application for an extension of time to file defence – Court’s general power to correct procedural errors – Over-riding objective.
The Assets Recovery Agency v Gregg, Ralph
Application for pecuniary penalty order – The Proceeds of Crime Act – Sections 5, 6, 7, 8 and 11.
Worgs, Valentina v Bell, Leon
Negligence - Motor vehicle accident - Personal injury – Assessment of damages.
Cameron, Mervin v Attorney General of Jamaica
Constitutional law – Allegations of violation of right to trial within a reasonable
time – Whether violation of reasonable time standard results in grant of stay
automatically – How analysis is to be done – Factors to be considered when
determining whether reasonable time standard violated – Consequences of
violation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) and 16
(1) – Canadian Charter of Rights and Freedoms, Section 11 (b)
Smith, Luke v Pahk Limited and Smith, Delano
Negligence - Motor vehicle collision – Personal injury – Credibility - Liability
White, Hubert v O'Connor, Constable and the Attorney General of Jamaica
Malicious prosecution - Operating a motor vehicle without a road licence - Whether reasonable and probable cause – Detinue - Motor vehicle impounded up to trial of claim - Vehicle ordered released by Resident Magistrate - Written demand for release of motor vehicle after dismissal of case.
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