The Hon. Mr. Justice Kirk Anderson

Myles, Radcliffe (Claiming on behalf of the estate of Winston Myles) v Attorney General of Jamaica

Assault - Battery - False imprisonment - Malicious prosecution - Failure of defence to lead any evidence - Application during trial to strike out defence - Effect of failure of defence to leand any evidence during trial - What constitutes assault - Need to prove loss and/or damage in claim for damages for malicious prosecution - Claim for exemplary damages - Consideration of hearsay evidence during trial - Summary judgment - Prima facie case not be be equated with proven case.

 

Malcolm, Vilma Wilson v Malcolm, Junior Washington

 

 Application under property rights of spouses act - Partition act application – Applications for division of matrimonial property – Failure to deny allegation in claimant’s statement of case – Failure to provide reasons for putting claimant to proof of allegation – How to make application in relation to section 7 of prosa – Effect of failure to make application in relation to section 7 of PROSA - Applicability of presumption of equal division – Section 6 of PROSA – Division of personal property items – Section 14 of PROSA.

Jamaica Edible Oils & Fats Company Ltd. v M.S.A. Tire (Jamaica) Limited

Application for committal for contempt of court – Service of court orders allegedly breached – Failure to comply with Rule 53.3 of the C.P.R. – Effect of failure to comply with Rule 53.3 of the C.P.R. – Need to prove intentional or willful disobedience of a court order – What constitutes intentional or willful disobedience of a court order.

McLean, Gloria v The Administrator General of Jamaica

Application for appointment of representative of deceased’s estate as defendant to claim – Section 12 of Administrator General’s Act – Rules 21.1, 21.2 and 21.7 of C.P.RR. – Interlocutory appeal – Leave to appeal.

Beckford, Clifton v Blackwood, Winston

 Negligence – Admission of negligence – No admission as to damage or loss – No admission of causation – Whether court should enter judgment on admission – Whether court should enter summary judgment even though same was not applied for.

Billone, Nadine v Experts 2010 Company Ltd.

 

 Application to set aside default judgment – Whether good reason for failing to file a defence shown – Whether defendant acted promptly upon having become aware that a default judgment was entered against it – Whether proposed defence has a real - Realistic prospect of success.

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