The Hon. Mr. Justice Kirk Anderson

Crammer, Beverley v Campbell, Linford

Application to set aside ex parte order - Rules 11.16, 11.17 and 11.18 of the Civil Procedures Rules (CPR) - Confiscatin of assets order - Contrast between confiscation of assets order obtained under part 53 and writ of execution issued under part 46 of the CPR - Effect of order of court which has unlimited jurisdiction.

Mcleggan, Ervin v Scarlett, Daphne et al

FRAUD – DEFINITION OF FRAUD – BURDEN AND STANDARD OF PROOF – REGISTERED TITLE – EFFECT OF SS.70 AND 161 OF THE REGISTRATION OF TITLES ACT – EFFECT OF SS. 164-168 OF THE REGISTRATION OF TITLES ACT – WHETHER 2ND DEFENDANT IS EXEMPTED FROM LIABILITY BY VIRTUE OF S.160 OF THE REGISTRATION OF TITLES ACT – NEED TO PROVE FRAUD ON THE PART OF THE PRESENT REGISTERED PROPRIETOR IF CLAIM IS TO BE PROVEN

Selnor Development Ltd. v Boswell, Kenneth

FIXED DATE CLAIM FORM PROCEEDINGS – UNDEFENDED CLAIM – JUDGMENT ENTERED IN FAVOUR OF CLAIMANT – APPLICATION FOR STAY OR EXECUTION OF JUDGMENT – RISK OF INJUSTICE – WHETHER DEFENDANT’S APPEAL HAS ANY PROSPECT OF SUCCESS – WHETHER DECLARATORY ORDERS CAN BE STAYED – WHETHER PERMISSIVE JUDGMENT ORDERS CAN PROPERLY BE SUBJECT TO A STAY OF EXECUTION ORDER – WHETHER JUDGMENT ORDER REQUIRING ACT TO BE DONE BY AN UNSPECIFIED DATE CAN BE MADE SUBJECT TO A STAY OF EXECUTION ORDER – NEED TO COMPLY WITH CASE MANAGEMENT TIMELINES SET BY COURT – NEED TO FILE DEFENCE AND PROPERLY BE DEFENDING CLAIM IN ORDE

Careif Ltd. and Tharpe, Anthony v The Financial Services Commission, Wynter, Brian and Roper, George

Application to strike out – Applicable legal principles – Several claims – Whether some of the claims being pursued are unknown in law – How court should approach question as to whether there exists reasonable grounds for bringing claim – Whether the 2nd and 3rd defendants are immune from liability – Allegation that defamation claim is statute-barred – Procedural defence – Need to assert procedural defence in filed defence – Failure to provide sufficient pertinent particulars in statement of case – Application for constitutional redress – Adequate alternative means of redress available – Ne

Brown, James v Rodney, Karl and Rodney, Maureen

Claim for recovery of possession of property – Defendants’ application to strike out claimant’s statement of case – Defendants’ application for summary judgment – Claim form proceedings – Whether claim ought to have been commenced by means of fixed date claim form – Conversion of proceedings – Basis for striking out statement of case – Abuse of process – Consideration of claimant’s statement of case.

Jobson, Demetri and Jobson, Max v Administrator General of Jamaica and New Falmouth Resorts Limited

Application by 1st defendant to strike out claim - Legal principles to be applied - Abuse of process - Claim seeks reliefs for alleged negligence pertaining to administration of deceased's estate - Whether remedy for breach of trust can properly be pursued as a ngeligence claim - Section 39 and 40  of the Administrator General's Act - Failure to comply with duties of trustee - Need to set out cause of action in claim form.

Webster, Faith v The Public Service Commission

Judicial review  - Natural justice - Legitimate expectation - Whether hearing required prior to interdiction of public officer - Whether withholding of half of the claimant’s salary while claimant is on interdiction constitutes a penalty -  Whether claim has been filed against the appropriate party as defendant - Presumption of regularity - Breach of constitutional rights to fair hearing and enjoyment of property - Abuse of process.

Lattibeaudiere, Wayne v Flames Production Incorporation and Barrett, Patrick

Application for relief from sanctions – Need to make application promptly – Need to satisfy the court that there has been general compliance with court orders and rules of court – Deed to satisfy the court that the failure to comply was not intentional – Circumstances in which rule 26.8 (3) of the Civil Procedure Rules is to be considered by court.

Pages

Customer Service

customer complaints image