Smith, Louis v Wong-Small, Her Honour Sandra (Senior Parish Court Judge for the parish of St. James and the DPP
Civil Procedure - CPR 64.6 - Renewed application for leave to apply for order of certiorari to quash criminal proceedings refused - Previous decisions of the court indicating similar applications inappropriate - Whether renewed application an abuse of process - Whether wasted costs order to be made against counsel.
RGA Holdings International Inc. v CMA, CGM (Jamaica) Ltd.
Application to strike out – CPR rule 26.3(1) - Application for Summary Judgment - CPR rule 15.2 - Privity of Contract – Subsidiary company – whether separate from parent company – Forum Non Conveniens – Exclusive jurisdiction clause in contract
Petrojam Limited v Skrunda Navigation Inc Owner of MT 'Pilente' and Skrunda Navigation Inc Owner of MT 'Pilente' and Ocean J Towing Limited
In Admiralty- CPR 17.6(1)(d), 28.1(4), 28.6, 28.7, 34.2 - Interim Payment - Request for Further Information - Specific Disclosure - Litigation Privilege.
Robinson, Errol George v Robinson, Heman (Executor of the Estate of Silas Robinson, deceased) and Joy Hunter
Whether claimant entitled to disputed property - Whether executor in breach of
fiduciary duty - Whether executor negligent – Whether defendant has intermeddled
in the estate of deceased - Whether claimant is entitled to an accounting.
Gardner, Barrington v Baloga Farms Limited
Injunctions - Part 17 of the CPR - Procedural Irregularity - Failure to Comply with CPR rule 8.8(2)(a) - CPR rule 26.9 - Res judicata - Estoppel
McGlashan, Winsome v Nicholson Phillips
Contract for fee sharing between Attorneys - Whether mere referral - Breach of Canon IV (g) of the Legal Profession (Canons of Professional Ethics) Rules - Whether contract is unenforceable by reason of public policy – Attorneys’ fees in the administration of estate
Grant, Victoria and Linsford Hamilton et al v Noranda Jamaica Bauxite Partners, New Day Aluminium (Jamaica) Limited et al
Constitutional law – Fundamental rights – Redress – Constitutional claim challenging the lawfulness of bauxite mining activities on the part of the defendants – Breach of fundamental rights – Right to life – Right to receive information – Right to reside in any part of Jamaica – Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage – Right to protection from degrading treatment.
Grant, Jamar v Lee, Angela and Kirk Lee(1)
Civil Procedure – Interlocutory application to strike out impugned paragraphs contained in specific affidavits – Relevance – Whether the evidence contained in those affidavits is relevant – Admissibility – Admissibility of evidence contained in specific affidavits – Whether the statements contained in the affidavits are scandalous – Whether the statements contained in the affidavits are irrelevant or otherwise oppressive rendering them inadmissible – Whether the statements contained in specific affidavits if allowed to remain would impede the just disposition of the matter – Whether th
Lloyd, Gary v Dacosta, Richard and Jamaica Defence Force
Judicial review – Military law – Jurisdiction of court – Discharge from military – Whether claim justiciable – Breach of natural justice – Defence Act - The Defence (Regular Force Enlistment and Service) Regulations, 1962 – Force Standing Orders
O'Hara -Cumming, Nadine v Barrett, Lisa and Courtney Salmon
Application to set aside – Substituted service – Overriding objective – Whether insurance company has done enough to bring documents to insured’s attention – Effect of service of unsealed order
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