Nelson, Collin v Jamaica International Insurance Company Limited
Insurance law - Breach of insurance contract – Whether claimant breached the
terms of the policy – Incorporation of terms and conditions - Whether failure to
refer claim to arbitration is fatal. Motor Vehicles Insurance (Third-Party Risks) Act
sections 2 and 4. Arbitration Act s.5. Arbitration Act, 2017 s. 5.
Watson, Donna v vCouples Ocho Rios Limited trading as Couples Tower Isle
Negligence – Employer’s Liability – Occupier’s Liability – Contributory negligence – Safe system of Work – Credibility of witness – Damages – Assessment – Personal Injury – Handicap on the labour Market
Saunders, Ezekiel v Pepsi-Cola Jamaica Bottling Company Limited
Default Judgment – Application to Set Aside Default Judgment pursuant to Rule 13.3 of the Civil Procedure Rule (CPR) – Defendant a Limited Liability Company – issue as to whether served with the Claim Form and Particulars of Claim – No Acknowledgment of Service filed – Rules 5.7; 12.4; 30.3 of the CPR as amended 2006
Yorke, Glenroy v Lee, Michael Consolidated with Yorke, Glenroy v Millwood, Delroy
NEGLIGENCE - Motor vehicle accident- Personal Injury - Vehicle slowing down to an almost stop near a corner/bend - Vehicle colliding in the rear of vehicle near a corner- Blameworthiness - Apportionment of liability
Hayles, Lorna v The Attorney General of Jamaica
Breach of statutory duty – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Breach of common law duty to drive with reasonable care – Failure to keep a proper look out – Negligence – Breach of duty of care – Damage foreseeable – Special damages to be both pleaded and strictly proved
James, Dalkeith v Grown, Margaret and Scott, Errol
Personal Injury - Negligence - Accident between cyclist and motorist - Claimant hit from behind - Assessment of damages - Quantum of damages - Pain and suffering - Permanent partial disability - Medical expenses - Future medical care - Consequential loss - Loss of earnings
Vassell, Jordan (Suing by father and next friend Seymour Vassell); Vassell, Seymore v Proprietors Strata Plan Number 397
Negligence - Duty of care - Causal connection between damage and breach of duty
– Res ipsa loquitur - Occupier’s Liability Act.
Nelson, Joseph v Spencer, David and White, Shain et al (Trading as Pneumatron Electrical Services) and UC Rusal Alumina Jamaica Limited
Negligence – Employer’s Liability – Contributory Negligence – Volenti Non Fit Injuria – Novus Actus Interveniens – Personal injury – Damages – Assessment – Loss of Earnings -
Hunter, Lorna v Daley, Devon
Claim for 50% interest in property – Parties divorced – Whether property is the family home – Whether the equal share rule should apply – Property (Rights of Spouses) Act
Luel Ras Mesfin Haile Selassie I v The Attorney General of Jamaica Consolidated with Luel Ras Mesfin Haile Selassie I v The Hon. Justice Thompson James
Court’s power to strike out a statement of case – Rule 26.3(1) of the CPR – Claim struck out – no reasonable grounds for bringing claim disclosed – an abuse of the process of the court – failure to comply with rule – Claimant has no real prospect of successfully prosecuting the claim
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