The Hon. Mr. Justice Kirk Anderson

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.

Northover, Kaon and Jsa K Ann v Lawrence, Minett

Injunction - Proposed extension of freezing injunction earlier granted byCourt in favour of claimants - Application for ex parte disclosure order made by Court to be set - Explanation of what is an exparte hearing - Distinction between ex parte and inter partes hearing - Disclosure order - Application to set aside disclosure order - Definititon of relevant property or assets. 

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.

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