Rutherford, Granklin v Rui Jamaicotel Limited
Personal injury claim – Whether claimant should be permitted to amplify his witness statement under CPR 29.1 (a) – Whether claimant permitted to rely on documents not previously disclosed - Whether claimant has proven breach of duty under the Occupiers’ Liability Act- Whether causal connection between injury and alleged breach of duty.
Broadbell, Aldwayne v Farquharson, Donald
Civil Practice and Procedure – Application to Set Aside Default Judgment – CPR Rule 13.3 – Whether or not the Defendants have a Defence with a Real Prospect of Success
Wilson, Nadine (By agent Ian Paul Ellison) v Brown, Daisy, Minka Wilson and Michael Wilson
Recovery of Possession – Adverse Possession – Sections 3, 4(a) and 30 of the
Limitation of Actions Act – Whether or not the Claimant’s Title has been
Extinguished – Whether or not the 1st and 2nd Defendants were in sole, exclusive
occupation of the property.
Ellis, Joy v Gilbert, Sean Paul
Civil Practice and Procedure – Application for Summary Judgment – Whether the
Defendant has a Defence With a Real Prospect of Success in Whole or in Part
Concerning Whether or not the Claimant was Involved in the collision or injured
in the Collision
Walford, Herbert v Taylor, Paul and Suzan Taylor
Civil Procedure & Practice –– Contract Law –– Breach of Contract –– Elements of a Contract –– Specific Performance – Proprietary Estoppel – Possessory Title - Unjust Enrichment –– Absence of Documentary Evidence –– Sale Agreement.
Lewis, Nicole v Barbee-Wooten, Daphne
Civil Practice and Procedure – Application to Amend Defence – Late Stage Amendment – Whether Amendment to Defence Permissible – Principles Applicable to Late Stage Amendment - Commencement of Action – Filing of Claim Form – Rule 8.1 – When is a Claim Commenced – Whether Date for Commencement of Action can be extended under rule 3.2(5).
Island Jamaica Limited v The Industrial Disputes Tribunal
Judicial Review – Employment – Unjustifiable dismissal not challenged – Compensatory Award challenged for being Wednesbury unreasonable – Failure of IDT to consider all relevant factors – Parity with previous awards absent from findings and not considered – Award irrational.
Axia Jamaica Insurance Agency Limited v The Financial Services Commission
Judicial Review - Application for leave – Insurance intermediary company – Registration cancelled – Whether the decision was unreasonable, unjust or ultra vires - Delay - Part 56 Civil Procedure Rules - The Insurance Act, sections 2, 77.
Campbell-Clarke, Georgia et al v Francis, Margot Odette
Land – Whether beneficial co-owner can dispossess registered proprietor who is co-owner – Co-owner executrix of unadministered estate – Whether wife of deceased co-owner is licensee of paper owner – Wife derives possession from husband – Joint occupation and possession entitles wife to possessory title against registered co-owner – Whether paper owner has standi to bring claim against wife for recovery of possession after husband dies.
Petroleum Company of Jamaica Limited v Jamgas Limited, Bill's Gas and Appliances Limited and Manchester Gas Distributors Limited
Application for Interim Injunction –– Factors considered by the Court in granting an Interim Injunction –– Whether there are serious issues to be tried –– Whether the Balance of Convenience lies in favour of the grant of injunctive relief –– Whether damages are an adequate remedy –– The American Cyanamid Test –– Section 49 (h) of the Judicature (Supreme Court) Act.
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