Marsh Recovery Enterprise Limited v Hasheba Development Company Limited and Petroleum Company of Jamaica Limited
Civil Practice & Procedure – Striking out statement of case – Abuse of the process of the Court – Civil Procedure Rule 26. 3 (1) (b) & (c) – Issue Estoppel – Henderson v Henderson Estoppel
Ferguson, Loraine v Revenue Protection Department and Attorney General of Jamaica
False imprisonment – Detinue – Section 33 of the Constabulary Force Act – Whether failure to plead that the officers acted maliciously or without reasonable and probable cause is fatal to the claim
Hepburn, Desmond v Attorney General of Jamaica
Assessment of Damages – Negligence – Application to permit medical reports to be
admitted into evidence without the need to call the maker pursuant to sections 31E and
31F of the Evidence Act – Whether the lump sum or multiplier-multiplicand approach
should be used to determine handicap on the labour market.
Duncanson, Paul v Sharpe, Derrick and Marva Sharpe
Whether will a forgery – Whether signature appearing on document purporting to
be last will and testament that of deceased – Expert evidence - Evidence of
individual allegedly present when purported will was executed.
Davidson, Damion v The Commissioner of Police
Judicial Review - Re-enlistment of police officer – Officer fails to respond to
notice of non-recommendation before period of enlistment expires – Officer
removed from Force – Officer not considered dismissed – Reinstatement not
Application re-enlistment – Legitimate expectations – Jamaica Constabulary
Force Act, Police Services Regulations, – Book of Rules for the Guidance and
General Direction of the Jamaica Constabulary Force
Brown, Odel v Treasure, Maple
Proprietary estoppel - House built on land with consent - Intention of the
parties - Extent of equitable interest - Determine proportionality between
expectation and detriment, unconscionability test - Building Act, 2018.
Bonini, Michael and Francesco Bonini v Fantappie, Piertro and Antonio Fantappie et al
Injunction – Granted without notice – Whether there was material non-disclosure – Whether injunction to be discharged for failure to give notice of hearing- Clean Hands- Rule 11.16(3) Civil Procedure Rules.
Brown, Donovan v Minister of Labour and Social Security and the University of the West Indies, the Visitor
Leave to apply for judicial review- Extension of time - University Visitor ruled that he had no jurisdiction - Error of law - Whether decision of Visitor subject to judicial review - Whether leave should be granted against the Minister.
Re Lot 1290 Green Pond, St. James
Restrictive Covenant – Part 26 Civil Procedure Rule- Rule 26.1(v) – Notice to Parties
of the Court’s intention to make orders of its own volition at a hearing – Breach
specific modification – Inordinate delay – Explanation of delay – The question of
prejudice
Re. Lot No. 188 Pembroke Hall, St. Andrew
Restrictive Covenant – Part 26 Civil Procedure Rule- Rule 26.1(v) – Notice to Parties of the Court’s intention to make orders of its own volition at a hearing – Breach - Specific modification - Inordinate delay - Explanation of delay - The question of prejudice
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