The Hon. Mr. Justice Kirk Anderson

Harriott-Simms, Denise v Simms, Lenroy

Application for declaration of entire interest in family home - Section 6 and 7 of PROSA - Statutoryequal share rule -  Variation of statutory equal share rule - Section 7 factors - Monetary contribution not a section 7 factor - Whether maintenance of children can be a section 7 factor - duration of marriage - Undefended claim - Burden of proof regarding displacement of presumption that parties are entitled to equal share of the family home -  Post - Separation financial contributions.

Gayle, Shakeria Asakie v Gayle, Rouel Honore

Maintenance of spouse – Application for interim maintenance order to be cancelled – Applicant unemployed and earning power limited – Exercise of discretion of court – Application for relief from sanctions

Clarke, Oscar v Attorney General of Jamaica

Claim for damages for negligence/employer’s liability – Attack on armed police officer at a police station by member of the public who was a visitor to the police station compound – Duty of care owed by occupier of police station compound to person working within that compound – Duty of care owed by government to persons working on and visiting that compound – Res Ipsa Loquitur – failure of defendant to do anything other than put claimant to proof of his case – Failure of defendant to lead any evidence or to challenge the claimant’s case in any significant way during cross – Examin

Campbell, Mary v Consolidated Caribbean Investments Limited

 Defendant’s application for summary judgment – Realistic prospect of success – Plea of Non Est Factum – Carelessness – No independent legal advice – Claimant allegedly semi-literate – Undue influence – Trust and confidence – Abuse of influence – Whether mortgage deed was of a fundamentally different character in terms of payment schedule and interest rate

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. 

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