2021

White, Doric v Digicel (Jamaica) Limited

Constitutional law – COVID-19 vaccination policy – Breach of constitutional rights under Charter of Fundamental rights and Freedoms (Constitutional Amendment) Act, 2011 –– Whether court should exercise or decline jurisdiction under section 19 of the Charter of Fundamental Rights and Freedoms – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(1)(c), (3)(a), (b), (j)(ii), (p) and (s), sections 17 & 19.

McCrobie- Walker, Elleta (Administratrix of the Estate of Violet McCrobie) v McCrobie, Elaine and Francella McLeod-Huggins (Administratrix of the Estate of Labian McLeod)

Application to enter default judgment - Application to strike out claim or alternatively for extension of time to file defence - Preliminary objection - Rule 21.7 of the Civil Procedure Rules - Whether claim which was commenced after the death of the defendant without a personal representative for the deceased’s estate being appointed is valid - Whether representative for deceased defendant’s estate can be appointed under rule 21.7 after the filing of the claim.

Dixon, Gene Michael (trading as Building Interamericas Company) v The Jamaica Union Conference of Seventh Day Adventists Limited

Civil Procedure - Rule 13.3 of the Civil Procedure Rules - Setting aside of default judgment - Whether default judgment entered against a party who was not named but who filed an acknowledgment of service admitting to service and intending an intention to defend the claim should be set aside - Whether the default judgment should be varied for entry against the named defendant where the named defendant did not file acknowledgment of service or defence - Rule 13.3 - Whether the default judgment for specified sum should be varied

Persichilli, Benedetto v Taddeo, Leo and New Era Homes 2000 Limited

Civil procedure - Application to strike out - Whether abuse of process - Whether basis for section 213A claim under Companies Act - Whether settlement agreement between all directors and shareholders a bar to proceeding - Whether prolix pleadings - Whether omission of certificate of truth renders claim null and void - Whether delay a bar to the application - Whether consent order make it unjust to strike out claim.

Chablal, Shaun v 21st. Hapilos Digital Distribution Inc.

Application for Interlocutory Injunction – Alleged copyright infringement-Whether distribution agreement lawfully terminated - Whether damages an adequate remedy - Whether balance of convenience favours the grant rather than the refusal of an interlocutory injunction.

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