The Hon. Mrs. Justice Marva McDonald-Bishop

Graham, Donna Marie v Hugh Anthony Graham

Matrinzorzial Property - Husband and wife- Entitlement to the farnily home - The equal

share rule -Extended family- Family home for benefit of thirdparty dependants of one

spouse - Third party contribution to family home on behalf of one spouse - Whether

proper application made for variatior!: of the equal share rule - Whether application of

equal share rule unreasonable or unjust - Burden ofproof - Departure front equality -

J.T.M. Construction & Equipment Ltd v Circle B. Farms Ltd

Contract for sale of land -- delay by purchaser -- vendor serving notice to complete --

notice making time of the essence -- validity of notice to complete --whether service of

notice to complete on purchaser's attorney-at-law valid--effect of notice -- purchaser

failing to complete within time -- Rescission by vendor -- whether rescission valid --

whether purchaser entitled to specijic performance --; whether vendor entitled to

Regina v The Director of Correctional Services Ex parte Garfield Peart

Sentencing - Murder - Applicant a juvenile at time of commission of offence - Detention at the courts's pleasure - Application for review of sentence - Application for release - Whether applicant should be released - Factore to be taken into account - The Civil Procedure Rules (2002) (CPR) Part 75 - The Juveniles Act S. 29(1) repealed - The Parole Aact S. 7(7).

Cable and Wireless Jamaica Ltd ( Trading as Lime) v Digicel (Jamaica) Ltd

Contract - arbitration clause in contract - claim for breach of Interconnection

Agreement - application for stay of proceedirzgs and for. submission to arbitration -

principles governing application for stay - wlzetlz er conditions satisfied .for grant of

stay' - modern approach of tlze court to alternate dispute rcsolution - effect of CPR on

proceedings - Arbitration Act, ss. 5&20.

Bowes, Millicent v Keith Alexander Taylor

Property Dispute -parti+ unmarried - claim for half-interest on basis of the "equal share rule "-

whether a common law r'elationship existed between the parties- whether claimant a "spouse" for

the purposes of the rule +factors to be considered - whether property is the 'tfamily home "- The

Property (Rights of Spouges) Act, ss 2(1), 6(1) & 13

Bent, Linel v Eleanor Evans

Land Dispute- registered land- application to bring land under the Registration of Titles

Act- allegation of fraud- meaning offiaud under the Registration of Titles Act -whether

title obtained by fraud- standard of proof required -whether title to be cancelled on

grounds of fraud- The Registration of Titles Act, ss. 42,68,70,161 (d), 153 &I58

Request for adjournment- considerations for grant of an adjournment- no good reason

shown - Civil Procedure Rules (CPR), r.39.7

Whilby- Cunningham, Thelma v Cunningham, Leroy Augustus

Matrimonial Property - Claim for 50% share in dwelling-house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property (Rights of Spouses) Act applicable – Which section of the Act applicable or not or whether the rules of common law and equity apply - House built by spouses on family land - Whether
house is not family home because it is built on family land - Whether application of equal share rule ousted by absence of legal title in land on which house is built - the Property (Rights of Spouses) Act, ss 2, 4, 6, 11,

Southern Recycling LL.C. v Avra Towage BV (Owners of the Tug North)

Admiralty - Accident occurring in maritime protected area - Alleged damage to reef - Arrest of vessel - Application for release of vessel from arrest - Discretion of court to order release – Considerations in the exercise of discretion - Conditions to be satisfied to obtain release – Appropriate form of security – sufficiency of security - CPR 70.11 (4)

Pages

Customer Service

customer complaints image