The Hon. Mr. Justice Kirk Anderson

Griffiths, Reverend Dr. Ralph v Attorney General of Jamaica; Nelson, Constable and The Transport Authority

Negligence - Whether duty of cared owed - Whether breach of duty of care has occurred - Whether claim for 'pure economic loss' can be maintained in respect of torn of negligence - Detinue - Whether unlawful seizure of motor vehicle occurred - Wlements of tort of detinue - need to prove unequivocal demand - Need to prove unqualified refusal - Proof of special damages - Whether transport authority functions as a crown servant or agent - Party to be sued in claims wherein alleged tortfeasors allegedly functioning as a crown servant or agent when tort was committed.

 

Aiken Phillips, Joy v Phillips, Donovan

Civil Procedure - Application by claimant and defendant to stirke out each other's claim - Application for such further and or other relief as may be just.

Blackstock, Jean v Digicel (Jamaica) Ltd.

Evidentiary ruling and ruling on an aspect of the defendant's defence and ruling on the defendant's list of documents - Disclosure - Hearsay - Agreed documents - Evidence Act - List of documents Rules 28.1, 28.2, 28.4 and 28.14 of the Civil Procedure Rules (CPR) - Setting out case - Rules 10.5 (3), (4) and (5) of the CPR.

Bennett, Hugh and Bennett, Jacqueline v Williams, Michael

Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of Attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by court in deciding whether to grant an extension of time for filing defence - Length of delay - Reasons for delay - prejudice to claimant - Whether proposed defence has a r

Beecham, Shirley v Fontana Montego Bay Ltd. t/a Fontana Pharmacy

 

Application to set aside default judgment – Service by registered post – Presumption of service – displacement of presumption of service – Default judgment irregularly entered – Improper party named as defendant – Substitution of defendant – Defence with realistic prospect of success – Duty owed by occupier to trespasser.

Green, Ehoan v The Captain's Bakery Ltd.

 

Claim for breach of statutory duty and/or negligence – Duty to securely fence any dangerous part of any machinery in a factory – Duty to securely fence is not dependent on whether machine can be used as intended with secure fencing of same in place – Definition of ‘dangerous part’ – Whether protection afforded to those who unauthorizedly interact with dangerous parts of machinery in a factory.

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