Hasheba Development Company Limited v Petroleum Corporation of Jamaica Limited, Kinghorn, Sean and Kinghorn, Judy Ann et al
Civil Procedure - Proper method of commencing claim for relief of specific performance – Whether fixed date claim form procedure appropriate for claim of conspiracy to defraud - Whether only a portion of a claim can be continued as if commenced by claim form - Test for extension of time for affidavits filed in non-compliance with the Civil Procedure Rules 2002 (“CPR”) – Whether application for
Greaves, Sean and Greaves, Sean (Administrator with will annexed of the estate of Janneth Chung, deceased) v Chung, Calvin
Real Property – Civil Procedure Rules 10.5, 10.7 – No case submission - Joint
tenancy – Severance of joint tenancy – Requirements to sever joint tenancy –
whether claimant has made out a prima facie case - Whether joint tenancy severed
by incomplete transfer.
Scott, Valda Constantia v Scott, Ena
Division of property – Variation of court order – Liberty to apply
Taylor, Debbie-Ann v Allen, Cynthia and Allen, Lenar
Civil Procedure - Application to set aside judgment entered after statements of case struck out - Whether CPR 26.6 is applicable to a judgment entered by the court after non-compliance with an unless order for attendance at adjourned Case Management Conference - CPR 26.8 - Application for relief from sanctions - Whether application complete without filing of affidavit evidence - Effective date of making of application – Whether application for relief was promptly made.
National Recovery Limited v Attorney General of Jamaica
Civil procedure – Application for permission to amend statement of case – Whether claims to seek damages for breach of contract, and alternatively, damages on a quantum meruit basis amount to new causes of action – Whether additional claims are statute barred – Rules 20.4 and 20.6 of the Civil Procedure Rules, 2002, as amended.
Laidley, Royston and others v Haughton, Keisha and others.docx
Civil procedure – Application for security for costs – Whether the court should order the claimants to pay security for costs – Part 24 of the Civil Procedure Rules, 2002, as amended.
The Bank of Nova Scotia Jamaica Limited v Global Architecture Draughting Ltd and Duncan,Gregory
Civil procedure – Enforcement of Money Judgment – Application for Provisional Charing Order to be made final – Whether judgment debtor has demonstrated that there are good grounds for not making a Final Charging Order – Rule 48.8 of the Civil Procedure Rules, 2002, as amended.
Miller, Lloyd and Duncan, Phillip v Ferron, Laurie (Trading as Pyramid Design Consultants)
Contract – Breach – Whether contractors completed work required by the contract
Civil Procedure – Disclosure - Consequences of failure to disclose directly relevant documents - Whether adverse inference can be drawn against party who has failed to disclose directly relevant documents Evidence – Whether pre-action admission in writing by counsel admissible
Reid, Damion v Attorney General of Jamaica
Personal Injury – damages for assault and battery – Claimant inured while in custody – Traumatic brain trauma – Neurological damage resulting in weakness to right side and slurred speech – Claiming special damages, loss of income, general damages for pain and suffering and loss of amenities, disability on the labour market, psychiatric injury – Exemplary damages
JEBMED S.R.L. v Capitalease S.P.A. Owneres of MV Trading Fabrizia Consolidated with Elburg Ship Management v Enterprise Shipping Agency et al
Admiralty law - Judicial sale – Application by the previous owner for payment of the remainder of the proceeds of sale – Shipping Act, sections 89(2)(c) and (d) - Civil Procedure Rules, 2002, rule 70.13 (9)
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