Johnson, Mickeel v Alu Glass Limited
Civil Procedure - Defendant company removed from the Register of Companies prior to trial date –
Whether trial can proceed in the absence of the defendant pursuant to the Rule
39.5 of the Civil Procedure Rules, 2002, as amended – Whether the defendant
company must first be restored to the Register of Companies – Effect of restoration
pursuant to sections 336(1) and 337(6) of the Companies Act on the current
proceedings.
Lewis, Noel v Gabbidon, Michael and Winston
Civil procedure – Application to set aside judgment in default – Whether the
defendants have demonstrated that they have a real prospect of successfully
defending the claim – Whether judgment was irregularly entered as a result of
the signature of the claimant’s attorney being affixed to the judgment in default
order – Rules 13.2, 13.3 and 21.8 of the Civil Procedure Rules, 2002, as amended.
Brodber, Robert v E.W. Abrahams & Sons Limited and Ormsby, Maxwell
Civil procedure – Application for relief from sanctions after statement of case
struck out and judgment entered against the defaulting party – whether
applicants have provided a good explanation for non-compliance with case
management orders – Rule 26.8 of the Civil Procedure Rules, 2002, as amended.
Green, Shamar v Collins, Orvel
Civil procedure – Claim form filed close to the expiration of limitation period –
Application to extend the validity of the claim form filed within life of the claim form
– Whether it is appropriate to extend validity of the claim form after claim became
time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.
Smith, Clinton and Smith, Elsie v Henry, Winston
Motor vehicle accident - Negligence - Overtaking - Differing accounts on how collision occurred - Damages - Cost.
Virgo, Yvonne v Graham, Granvin and Page, Uton
Civil Procedure – Application to extend the validity of the claim form – Application heard after the validity of the claim form – Application for Substituted Service – Civil Procedure Rules, 2002, (CPR) – rules 8.14(1), 8.15(2), 8.15(3)(a)(i and ii)
Allen, Cleon v Francis, Rachael Lee and Scott, Dwayne
Civil Procedure Rules 2002 (CPR 2002) - Further extension of the validity of the Claim Form – Whether the Claim Form can properly be extended since it is no longer valid – Whether the rule in Glasford Perrin v Donald Cover Applies – Does incomplete Jurat affect validity of Affidavit – Rules 8.14(1) and 8.15 26.1 (2)(6) 30.4 of the (CPR 2002).
Anderson, Lloyd v General Satellite Network Company Limited
Employer's liability - Breach of duty of care - Breach of contract of service - Causation - Safe system of work - Adequate and suitable equipment
Barrett, Wally v Lou Livingston Construction & Industrial Services Company Limited and T. Geddes Grant (Dist) Limited
Application to strike out claimant's statement of case - Whether there was reasonable ground for bringint the claim - Application for extension of time to file defence - Whether good explanation for delay - Whether defence arguable - Civil Procedure Rules 26.3(1) and 10.3(9).
Johnson, Lloyd (As a representative on behalf of himself and 13 members of the Jamaica Fire Brigade) v Attorney General of Jamaica and Commissioner of the Jamaica Fire Brigade
Administrative orders – Whether a Commissioner of the Jamaica Fire Brigade can promote officers without the approval of the Fire Brigade Board – What is the effect of General Orders – Whether the claimants reasonably held an expectation that they had been promoted by the publication of General Orders, when there was no evidence that the requirements for promotion had been complied with – Whether the failure of the Fire Brigade Board to promote the claimants in the circumstances amounted to an abuse of power, or whether there was an overriding public interest in not honouring the communicati
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