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 Court List - SUPREME COURT OF JUDICATURE OF JAMAICA - Civil Division - June 17th 2019

 Court List - SUPREME COURT OF JUDICATURE OF JAMAICA - Criminal Division - June 17th 2019

 Court List - SUPREME COURT OF JUDICATURE OF JAMAICA - Commercial Division - June 17th 2019

 

 

The Hon. Mr. Justice Kirk Anderson

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.

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

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