Brown, Marlon v Brown, Iola and others
Application for relief from sanction after statement of case struck out –- Whether the application was made promptly – Whether the claimant’s failure to comply was unintentional – Whether the claimant’s alleged impecuniosity is a good explanation for his non-compliance – Whether the claimant has generally complied with all other relevant rules, practice directions, orders and directions – Rule 26.8 of the Civil Procedure Rule
Haughton, Thomas v Brown, Alex and The Chairman (Board of Management of the Montego Bay Community College) and the Attorney General for the Island of Jamaica
Negligence – Personal Injury – Whether 1st Defendant employee of 2nd Defendant so as to render 2nd Defendant vicariously liable – Whether Res Ipsa Loquitur applies Damages – Assessment
Hill, Oreth v Super Plus Trucking and Equipment Limited
Negligence - Employer’s duty of care – Safe system of work - Whether there was a
breach of that duty
Mundle, Desmond v Small, Ivan
Judge has jurisdiction to set aside a default cost certificate for good reason - Inherent jurisdiction of court to control its process not impacted by amendments to CPR – Interpretation of definition of “clear days” in rule 3.2(3) of the CPR – Event refers to something that is scheduled to occur on a specified day and on that day only – Where the end of the period stipulated is defined by reference to an event the final day is excluded – Calculation of time period allowed for filing of points of dispute pursuant to rule 65.20(3) of the CPR – Filing of points of dispute not an event hence fi
Reid, Kavin v Advantage General Insurance Company Limited and Administrator General for Jamaica heard with Kavin Reid v Advantage General et al
Civil Procedure - CPR 11.6 - CPR 20.4 - CPR 26.1(2)(v) – oral application to amend relief being sought on the Fixed Date Claim Forms being made at the hearing of the claims.
Civil Procedure - CPR 21.7 - CPR 21.8 - interpretation - whether rules applicable in the Parish Courts - court’s jurisdiction to appoint representative party or give directions to continue proceedings initiated in the Parish Court.
Law Reform (Miscellaneous Provisions) Act - section 2(1) - section 2(3) - limitation period - subsistence of actions in tort against estate of deceased.
Digital Auto Imports Limited v The Commissioner General of Tax Administration Jamaica
Appeal from the Revenue Appeals Division - General Consumption Tax Act - Income Tax Act - assessment raised by Commissioner General after tax payer filed returns - burden of proof.
Direct verification of Income and Output Tax - duty of taxpayer to keep and produce complete and accurate records - unreliability of sales invoices as the direct verification method of the taxpayer’s Income and Output Tax - unreliability of bank deposits alone as a method of verification of taxpayer’s Income and Output Tax.
Simmons, Kevin v Minister of Labour & Social Security and the Attorney General of Jamaica
Application for claims to be heard on same occasion or before same Judge – Civil Procedure Rules, 2002 (“CPR”) Rule 26.1 (h) – Whether claims could conveniently be tried together – Similar issues of fact and law between claims.
Cameron, Kerrikay and Robinson, Bryan et al v Caribbean Airlines Limited
Civil procedure - Application for summary judgment – Civil Procedure Rules, 2002, rule 15.2
Civil procedure - Application to strike out claim – No reasonable ground for bringing the claim – Civil Procedure Rules, 2002, rule 26.3(1)
Air Law – Claimants removed from the aircraft - Whether the claim falls under the Montreal Convention – Montreal Convention, articles 1, 2,17 and 29
Virgo, Dale and ZV v Board of Management of Kensington Primary School, Minister of Education, Attorney General of Jamaica and Office of the Childrens Advocate
Constitutional law –– Freedom of expression – Freedom of religion – Equality
before the law – Right of every child to such measures of protection as are required
by virtue of the status of being a minor as part of the family – Right of a child to
publicly funded tuition in a public educational institution at the pre-primary and
primary levels – Equitable and humane treatment – Respect for and protection of
private and family life and privacy of the Home – Freedom from discrimination –
Samuels Smith, Rosemarie (Personal representative for the estate of Stephen Smith deceased) v S & T. Electrical Company Limited, C & T Electrical Limited and Jamaica Public Service Co. Ltd.
Negligence – Breach of statutory duty - Breach of contract – Employer liability –
Lending/borrowing an employee - Liability of independent contractor – Electrical
burns – Contributory negligence - Personal injury - Damages.
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