The Hon. Mr. Justice Kirk Anderson

Thompson, Delroy v Attorney General and Taylor, Detective Douglas

False imprisonment – Malicious prosecution – Whether claim against crown must be pursued against attorney general only – Defendant entitled to damages for false imprisonment only for the period of time held in custody before having been arraigned/brought before a court – Elements required to be proven in claim for damages for false imprisonment – Elements required to be proven in claim for damages for malicious prosecution – Proof of malice or absence of reasonable and probable cause for prosecution of claimant – Lack of reasonable and probable cause for arrest is not to be equated with lac

Lunan, Ian v Sudine, Rohan

Tenancy agreement – Periodic tenancy – Notice to quit – Re – entry by landlord onto leased premises – Failure of tenant to end occupation of leased premises – Claim for damages for breach of contract and damages for lost opportunity – whether there was a breach of contract by the parties – Failure by claimant to comply with terms of lease – Failure by defendant to comply with terms of lease – Proof of special damages

Whitter, Slidie Basil Joseph

Caution – Testator who suffered from defective eyesight or is blind - Attesting witnesses’ evidence – Burden of proof – Presumption of due execution of will – Need to prove that testator knew and approved of contents of will

Francis, Kern v Depass, Peter; Francis, Kern and Williams, Monique

Negligence - Traffic accident - Two vehicles approaching separate sstop signs at separate intersections - Claim for damages for negligence - Ancillary claim for damages for negligence - Duty of driver when vehicle being driven by that driver has right of way - Countercliam and ancillary claim - Whether countercliam and ancillary claim should both be comprised in a single Court document. 

Cammock-Gayle, Melody v Urquhart, Heather

Application for summary judgment - Registration (Strata Titles) Act - Whether claim should have been instituted against strata corporation rather than the 1st. defendant - Legal approach to be adopted by court in respect of summary judgment applications - Whether strata plan was a duly regsitered strata corporation.

 

McMorris, Donovan v Bryan, Maurice

False imprisonment – Malicious prosecution  – Whether claimant can be held liable as a private individual who neither arrested, imprisoned criminally charged nor directly prosecuted the claimant – Application to strike out claimant's statement of case.

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