The Hon. Mr. Justice Kirk Anderson

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.

Hyde, Victor v E Phil & Sons A S Ltd. and the Attorney General of Jamaica Consolidated with Stewart, Mitsy v E Phil & Son A S Ltd. and the Attorney General of Jamaica

Court's consideration as to whether it should make a striking out order on its own inititative - Distinction between application to strike out on ground that statement of case of defendant discloses no reasonable basis for defendint the claim and an application for summary judgment on ground that defence has no realistic prospect of success - Summary judgment cannot be obtained against the crown - Striking out order only to be made in plain and obvious cases

 

Spence, Clynice v Wint-Blair, Her Honour Mr. Sonya

Judicial review – Application for certiorari and mandamus – Issue of bias – Actual bias – Real likelihood of bias – Presumptive bias – Waiver of bias – Whether magistrate obliged to preside over case in circumstance where bias waived by disputing litigants – Basis upon which exercise of judicial discretion can be successfully challenged in judicial review proceedings

Michel, Stanley Gabriel Marzo v Banton, Bonnetta and Reid, Desroy

Application for interim payment - Application for summary judgment - Contested issues of fact between opposing defendants who have counterclaimed against each other - Contested issues of fact between defendants and claimant - Legal principles to be applied.

 

National Commercial Bank Jamaica Limited and Jamaica Redevelopment Foundation Inc. v Scotia Bank Jamaica Trust and Merchang Bank Ltd.

Whether person, by signing letter purporting to “confirm his agreement” to terms of letter allegedly giving undertaking, is to be considered as having given undertaking - Whether unilateral contract may be effected in such manner - Whether consideration supplied or whether privity of contract established - Whether circumstances of particular relationship may give rise to duty of care - Whether representation of present fact intended to be acted upon and which is acted upon by another party may amount to a warranty and give rise to liability in damages - Expert evidence under the CPR.

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