Bath Plus Limited v Eppley Caribbean Property Fund Limited (Trading as Mall Plaza), Rock Investments Limited and Denise Gallimore
Application for injunction – Whether serious issue to be tried and damages an adequate remedy – Validity of Notices to Quit served – Expired lease with holding over Clause for premises exempt under the Rent Restriction Act – Whether a Landlord had a right after determination of a tenancy for exempted premises can use self-help to retake possession of rental premises.
Chagod Tour Jamaica Limited (formerly Shago Tour Jamaica Ltd. v National Commercial Bank Ja. Ltd.
Interlocutory injunction - Mandatory effect – Defendant (bank) froze Claimant’s (a customer) accounts – Claimant’s business in jeopardy - Breach of contract - Whether reason advanced justifies breach - Whether speculation as to possible breach of Proceeds of Crime Act a sufficient justification.
Parchment, Byron v SCJ Holdings Limited
Assessment of damages - Fixed term lease terminated – Land owned by the state – Land Acquisition Act – Improvements – Fixed assets – Crops – Measure of damages – Other occupants – Whether cost to evict should be borne by tenant – Whether issues related to liability relevant when assessing damages.
Lewis, Raphaeleta v Chambers, Marcia, Jeffrey Gordon and Kevin Lyn et al
Trial as between the claimant and the 3rd and 4th defendants – Assessment of damages as between the claimant and the 1st and 2nd defendants - Road traffic accident – Road intersection controlled by traffic lights, collision at intersection, presumption that lights are working properly - No cases submission – Failure of
defendant to certify defence to be true – Contributory negligence as between defendants
Shields, Michael v Stephenson, Herdly and Orane Coward
Assessment of damages – Long oblique fracture of the lateral malleolus – Small fragment fracture of the medial malleolus – Pain to the neck – Soft tissue injuries to hip and chest
Downy, Udine v The Police Service Commission and His Excellency the Governor General of Jamaica
Judicial review – Retirement in the public interest – Police Services Commisson – Role of Privy Council – Role of Governor General – Police Service Regulations – Regulations 26, 47 – The Jamaica (Constitution) Order in Council 1962– sections 2, 4, 32, 125, 130
The Firearm Licensing Authority v The Minister of Labour and Social Security and The Industrial Disputes Tribunal
Judicial Review – Whether an industrial dispute existed at the time of the referral - Whether the Minister’s decision to refer the dispute to the IDT is ultra vires –– Separation agreement – Whether dismissal –– The Labour Relations and Industrial Disputes Act, 1975, sections 2 and 11A(1)(a)(i)
Graham, Louise v Graham, Angella
Validity of a Will – Whether the testator was unduly influenced to execute his final Will – Whether the testator requested the requisite testamentary capacity at time he prepared his Will
Drysdale, Alexander and Winston Clarke v Farquharson, Herman and Enrich Green (Executor in Estate of Phillip Powell deceased) and Enrico Powell and Sean Powell
Application to commit for breach of order - 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.
Allen, Catherine v The Minister of Labour and Social Security, The Attorney General of Jamaica and Guardian Life Limited
Constitutional Law – Whether claimant’s rights under section 16(2) of the Charter of Fundamental Rights and Freedom breached – Whether a non - State entity bound by section 16(2) rights - Whether claimant had an alternative remedy.
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