McDonald, Tossaint v Robinson, Anthony O'Neil
Equity –– Is an Oral Contract enforceable–– Whether the Claimant has an equitable interest in the property –– Whether the Claimant can rely on Proprietary Estoppel –– Specific Performance.
Patrick-Gardner, Deborah v The Public Service Commission and the Attorney General
Civil Procedure – Disclosure – Specific Disclosure – Nature and Import of Pleadings – Criteria for Ordering Specific Disclosure – Whether documents requested are directly relevant to the issues in dispute – Whether documents requested are in the defendant’s possession or under its control – Whether an Order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Civil Procedure Rules, 2002, Rule 28.1, 28.2, 28.6, 28.7 – Staff Orders for the Public Service, order 2.4(i).
Walker, Ramone v The Commissioner of Police and the Attorney General
Judicial Review – Application for leave to apply for Judicial Review – Part 56 of the Civil Procedure Rules – Relevant test – Was correct procedure followed on application for re-enlistment – Was the hearing conducted fairly – Legitimate Expectation – Breach of Natural Justice – Delay in filing application – Is there a good reason to grant an extension of time.
Central Dealers Limited, Orville Henriques and Manchester Rifle and Pistol Club Limited et al v The Firearm Licensing Authority
Application for Interim Injunction –– Factors to be considered in granting Interim Injunction –– Serious issues to be tried –– Whether damages are an adequate remedy –– Balance of convenience –– American Cyanamid test.
Hunter, Denton and Ardene Cannon v Reid, Odain, Owen Reid, Christopher Reid and Loyata Annikay Peters et al
Application to enter judgment –– Application for defence to stand ––Application for extension of time –– Relevant considerations – Indefeasibility of a registered title – Possessory title –– Operation of the Limitation of Actions Act –– Effect of a possessory title on successors in title to include a bona fide purchaser for value.
Coley, Shalanda v Smith, Zadia-Kay and Murline L. Coley (Administratrix of the estate of Damian Coley)
Civil procedure – Summary judgment – Interlocutory application for summary judgment – Whether summary judgment ought properly to be granted in favour of the claimant on the claim – Whether summary judgment ought properly to be granted in favour of the ancillary claimant on the ancillary claim – The approach of the court in dealing with an application for summary judgment – Whether the defence to the claim has a reasonable prospect of success – Whether the defence to the ancillary claim has a reasonable prospect of success - Burden – Burden of proof – Standard –
Fletcher, Samantha v Jamaica Racing Commission
Judicial Review – Claim for judicial review – Illegality – Error of law – Whether the operations stewards were duly authorized to investigate the claimant for failing to take all reasonable and permissible measures throughout a race to ensure that a horse that she was riding was given the best possible placing in the race – Whether the operations stewards were duly appointed authorized persons by the commission – Whether the operations stewards were duly issued with certificates of appointment as required by statute.
Watson, Rohani v Irving, Calvin
Negligence – Motor vehicle collision – Vehicle parked on the roadway approaching a bend or curve in the roadway – Vehicle attempting to move around parked vehicle – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road Code – Breach – Effect – Breach creating no presumption of negligence – Road Traffic Act, sections 51(2), 53(1), 95(3), Island Traffic Authority Road Code, Part 2 – 35, 39(b), (c), (d) and (e) and 40
Francis, Lans v Quest, Novel and Halicon Holdings Limited
Civil Procedure – Rule 26.3 of Civil Procedure Rules – Whether claim is an abuse of process; section 73 of the Judicature (Parish Court) Act – whether section 73 operates to prevent the bringing of this claim in light of previous claim filed in the Parish Court – Whether claim should be struck out as disclosing no reasonable grounds for bringing claim; Whether the 1st defendant should be removed as a party
Lewis, Priscilla v Pallace, Patrick and Rejiv Babooram
Civil Procedure Rules – Rule 13.3 – Setting aside default judgment – whether affidavit sworn to by a party’s attorney-at-law amounts to an affidavit of merit – Rule 21.7 – Application to appoint representative of estate of deceased defendant – Whether sufficient proof of death in the absence of a death certificate – Whether Administrator General fit and proper person to be appointed as administrator ad litem
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