UC Rusal Alumina Jamaica Limited v Financial Services Commission , Chun, Marcia; Miller, Wynette et al
Application for leave to apply for Judicial Review - Court acts as the gate keeper - Role of the Judicial Review Court - Alternative statutory remedy - Appropriateness - Powers of the appeal tribuna l- Illegality/ Unlawfulness - Exceptional circumstances- Interim Injunction- Balance of convenience - Irremediable prejudice - What constitutes consultation- Failure to consult - Failure to give reasons - Potential for bias - Failure to pursue alternative statutory remedy- Pension Fund - Trustees discretion- Interpretation of legislative provisions – Irrationality of decision
Campbell-Ehiorobo, Tamica v Ehiorobo, Nathaniel Osowaru
Family Law - Custody and Maintenance of children – Access, whether supervised or unsupervised - Children (Guardianship and Custody) Act – Maintenance Act
West, Gerald v Martin, Alton
Application for Extension of Time to File Defence pursuant to rules 10.3 (9) and 26.1(2)(c) of the Civil Procedure Rule (CPR) as amended – Length of Delay – Whether a good explanation is offered for the delay – Whether the Defendant has a good defence – whether the Claimant would suffer prejudice if the application is granted.
Lindsay, Orantis v Smith, Dominic; Smith, Dwight and Smith, Donna
ASSESSMENT OF DAMAGES – PERSONAL INJURY
Morrison, Mitzie Niocia v Johnson, Philemon Joseph
Contract – Mental capacity to contract – Defendant’s mental disorder – Knowledge of the other contracting party – Averment of knowledge – Onus of proof – Whether the separation agreement is voidable by virtue of the defendant’s mental disorder – The bases on which matrimonial property is to be divided between the claimant and the defendant – Mental Health Act, section 2, The Property (Rights of Spouses) Act, sections 2, 4, 10, 13, 14 and 15
Samuels, Rosemarie v Jamaica Public Service Company Limited
Civil Procedure – Application to adduce further evidence – Whether further evidence can be adduced after the close of the evidence and before judgment is delivered – The relevant test to be applied
Cole, Pauline v Insurance Company of the West Indies
Admissibility of statement of unavailable witness – Proof of conditions precedent
to reception in evidence – Procedure to determine admissibility at trial –
Statement must be relevant and its prejudicial effect should not outweigh its
probative value – Contract of insurance is a contract uberrima fides – Assured
has obligation to be truthful and make full disclosure of material facts – Insurer
seeking to avoid contract has a duty to establish that material facts were
misrepresented/undisclosed and that it was induced by the misrepresentation/
Wright, Carl Donovan v Graham Wright, Nadia Solaine
Petition for Dissolution of Marriage – Application for Custody and maintenance of children - Whether child is a child of the family – Divorce not yet final – Matrimonial Causes Act - Children (Guardianship and Custody) Act – Maintenance Act
Henderson, Anthea v Hamilton Hernal Linton
Civil Procedure – Claim Form expired before service upon the Defendant – Life of the Claim Form not extended pursuant to CPR Part 8 – Whether the Court can extend the validity of the Claim Form pursuant to rule 26 1(2)(c) of the Civil Procedure Rule (CPR) – Does rule 3.5(1) of the CPR as amended in 2011 apply to the service and filing of a Claim Form and Particulars of Claim during the long vacation period.
National Commercial Bank Jamaica Limited v The Industrial Disputes Tribunal and National Commercial Bank Staff Association
Judicial review – Certiorari – Error of law on the face of the record – Key employee – Fit and proper person – Banking Services Act – Reasonableness – Relevant and irrelevant considerations – Proper notice period within the Employment (Termination and Redundancy Payments) Act.
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