Beckford, Michael (In re)
Presumption of Death - Law of Persons - Continuous absence for seven years - Exposure to special peril/danger - Discretion of the Court - Factors to be Considered.
McGibbon,Sheldon v Gouldbourne, Jerome and Dani Fenton Consolidated with McGibbon, Kymore v Gouldbourne, Jerome and Dani Fenton
ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Fracture of right femur – Fracture of right radius – Ligament damage – Limb length Discrepancy – Loss of income and allowances – Proof of specific damages.
Blair, Desmond and Michael Grandison v Morris, DSP John, Det. Sgt. Ralph Grant and Attorney General
Application for relief from sanctions and application to strike out – Primary considerations – Good reason – Consequences of failure to comply with 29.11(2), rule 16.2 (4) defendant’s right to make submissions – Rule 12.13.
Cherry Hill Developments Limited trading as CHD Jamaica v Risidence of Cherry Hill (RCH) Company Limited
Application for Interim Injunction – Factors to be considered in granting Interim Injunction — Serious issues to be tried-Whether damages are an adequate remedy – American Cyanamid test
Prime Sports (Jamaica) Limited v Goodwill Gaming Enterprised Limited
Civil Practice & Procedure - Application for interim inunction – Requirements for the grant of an interim injunction – Part 17 of the Civil Procedure Rules 2002, as amended – Trademark infringement under section 9 (3) of the Trade Mark Act – Likelihood of deception or confusion– Unfair advantage and detriment to distinctive character and reputation – Passing off
Drysdale, Alexander and Winston Clarke v Farquharson, Herman and Enrich Green (Executor in estate of Philip Powell deceased) and Enrico Powell et al
Application to commit for contempt - Whether applicants complied with requirements of Part 53 - Whether the application should have been commenced by Fixed Date Claim Form - Whether respondent bound by order of the court - What order is appropriate.
Davis-Brown;, Lorna and Basil Brown v Davis, Nicole Simone et al
Application for extension of time to file defence - Application for default judgment to be entered - Rules10.3(9), 12.1, 12.5 and 13.4, 26.1(2) (c) of the Civil Procedure Rules - Lengthy and inordinate delay - No good reason provided - Good and arguable defence
Rowe, Patrae, Tameca Thomas on behalf of Member of the Jamaica Police Federation et al v Ministry of Finance and Public Service, Ministry of National Security et al
Amendments to a Fixed Date Claim close to the trial date - CPR 20.4 and the exercise of the court’s discretion, the considerations to be made when granting an amendment - The scope of declaratory relief - Whether declaratory relief is executory.
Hamilton, Aaliyah v Hayman, Wilton
Summary judgment - Rear end collision - Admission of negligence - No admission of causation - Denial that the claimant was involved in the collision - Denial that the minor collision caused any injury or loss - Whether court should enter summary judgment.
Andrade, Roy v Ravi Chatani
Judgment on admissions - Admission is to come from defendant and must be in clear terms.
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