The Hon. Mrs. Justice Georgiana Fraser

Kingston Wharves Limited v Industrial Disputes Tribunal and Interested Party

Judicial Review – Whether Industrial Disputes Tribunal failed to consider relevant issue of frustration of contract – Whether award was manifestly excessive, unreasonable, illegal and void – The Labour Relations And Industrial Disputes Act, sections 3 & 12 - The Civil Procedure Rules, parts 8, 26, 30 & 56.

West, Mark v Walden-West, Evelyn

Application for Custody – Governing principle - Welfare of the child is the first and paramount consideration - Application for Maintenance – Parties means for the purpose of determining capacity to pay maintenance.

Hendricks, Gladstone v Hendricks, Doreen

Application for disproportionate division of property under section 13 & 14 of the Property (Rights Of Spouses) Act – Factors to be taken into account - Whether Court’s jurisdiction grounded in section 11 of PROSA – Whether the law of equity and trust applicable.

Insurance Company of the West Indies Limited v Forest-Duncan Consolidated with Forrest-Duncan, Margaret, ICWI and Binoc Visions Investigations Ltd.

Insurance Law – Avoidance of policy by Insurer for misrepresentation and material non-disclosure – Arbitration clause and whether non compliance automatically determines the right to redress by the court – Breach of conditions – Whether such breach material or entitles Insurer to avoid policy – treatment of disputed confessions in civil litigation - Whether issues of undue influence, duress and involuntariness material to admissibility of confession – The Motor Vehicles Insurance (Third-Party Risks) Act, sections 8 & 18.

Customer Service

customer complaints image