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.
Crichton Automotive Limited v Zulfiquar Motors Co. Limited
Civil procedure - Application for relief from sanction - Failure to comply with unless Order - Rule 26.8 of the Civil Procedure Rules.
McDonald Millingen v Geddes, Margie and Bardi Limited
Remedies - Enforcement of Judgment - Application to vary ex-parte provisional charging order - Whether property can be subject of order
Company Law - Lifting the corporate veil - Principles to be applied.
Legal Profession - Whether bill of costs is the proper procedure to make a claim based on quantum meruit - Restitution - Procedure to be followed in making a quantum meruit claim based on unjust enrichment.
OMeally Johnson, Dorrett v Medical and Immuniodiagnostic Laboratory Limited, Timos Trading and DJH Inc.
Claim for damages for negligence – Occupiers’ liability – Application to strike out claim – application for summary judgement – Ancillary claim – Application to strike out – Distinction between application for summary judgment and application to strike out claim on the ground that the claimant’s statement of case discloses no reasonable grounds for bringing a claim – Distinction between application for summary judgment and application for default judgment – Ancillary claimant’s statement of case not verified by a certificate of truth – Whether ancillary claimant’s statement of case should b
Pagination
- Previous page
- Page 9
- Next page