The Hon. Mrs. Justice Sarah Thompson-James

Smith, Judith v Advantage General Insurance Company Limited

Motor vehicle accident – Motor vehicle insurance – Judgment in default entered in favour of Claimant against owner of motor vehicle as well as driver – Court’s refusal of insurer’s application for declaration to avoid policy of insurance – Whether insured should be allowed to employ same defence as used in the application for declaration – Whether issue estoppel or res judicata arises – Whether insurer should be held liable to indemnify Claimant in respect of judgment debt – Motor Vehicles Insurance (Third Party Risks) Act, Section 18(1)

Gorstew Limited v Shelly-Williams, Her Hon. Lorna, Patrick Lynch, Pyne, Jeffrey and Barber, Catherine2

Judicial Review – Renewal of application for leave to apply for judicial review – Whether there is an arguable ground for judicial review with a realistic prospect of success – Whether Resident Magistrate erred in upholding no case submission – Whether decision of Resident Magistrate unreasonable in a Wednesbury sense – Whether order of Certiorari should be granted quashing decision of Resident Magistrate – Whether alternative remedy exists – Whether Declaration amounts to adequate alternative remedy – Whether declaration sought would have same effect as order for certiorari - Costs

Flowers, George v The Director of Public Prosecutions for and on behalf of the Government of Canada, The Commissioner of Correctional Services and the Attorney General of Jamaica

Extradition – Writ of habeas corpus –Meaning of ‘Extradition Offence’ – Principle of dual criminality - Whether conduct test or offence test to be applied – Whether the transmission of HIV virus is capable of amounting to a crime in Jamaica – whether putting an individual at risk of HIV is capable of amounting to a crime in Jamaica – Infliction of grievous bodily harm – sections 20 and 22 of the Offences Against the Persons Act – sections 5, 6, 10, 11 of Extradition Act – Aggravated Sexual Assault contrary to section 273 of the Criminal Code of Canada

Commissioner, The Independent Commission of Investigations and Plummer, Mollie v Tie, Carolyn, Senior Resident Magistrate Montego Bay Resident Magistrate's Court

Judicial Review - Application for leave to apply for Judicial Review – Whether Applicants have arguable grounds with a realistic prospect of success – Whether delay in bringing Application – Whether discretionary bar – Whether Alternate Remedy – Whether Undue delay - Whether decisions of Resident Magistrate lawful – Criminal Justice Reform Act.

Griffiths-Brown, Corrine v Brown, Conrad James

Division of Property – Whether subject property was family home whether subject property was a gift to the Defendant – whether Claimant made contributions to improvement of family home – whether Claimant entitled to beneficial interest therein – Proprietary Estoppel – whether Claimant entitled to interest in animals: Property (Rights of Spouses) Act 2004 Sections 6, 7, 2 and 13

Steens, Sylvia v National Commercial Bank of Jamaica Limited

Banker/Client relationship – Whether advice given by employee of defendant – whether advice given in a friendly capacity – whether advisor knew that she was being trusted or that reliance was placed on her skill – whether duty to exercise care imposed on person giving advice – whether defendant vicariously liable

Shoucair, Anthony Edward & Marianne Hugvette Shoucair v American Home Assurance Co., et al

IN THE SLPREME COLTRT OF JUDICATURE OF JAMAICA

IN CONIMON LAW

SUIT NO. C.L. S.233/1990 AND C.L. S.211/1992

CONSOLIDATED

BETWEEN ANTHONY EDWARD SHOUCAIR

AND MARIANNE HUGVETTE SHOUCAIR

(Executors of the Estate of Edward Shoucair

tla S.N. Shoucair, deceased) PLAINTIFFS

AND AMERICAN HOME ASSURANCE

COMPANY 1 ST DEFENDANT

\

AND CARIBBEAN HOME N.C.B INSURANCE

COMPANY (JAMAICA) LIMITED 2ND DEFENDANT

AND N.E.M. INSURANCE COMPANY

(JAMAICA) LIMITED 3RD DEFENDANT

AND G. DESMOND MAIR (INSLRANCE)

Haughton, Marcia v Jamaica Public Service Co. Ltd

IN THE SLPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

CLAIM NO. H. 175 OF 1998

BETWEEN MARCIA HAUGHTON CLAIMANT

AND JAMAICA PUBLIC SERVICE

COMPANY LIMITED DEFENDANT

Raphael Codlin & Dwayne Thomas instructed by Raphael Codlin & Company for

Claimant.

David Batts & Miss D. Gentles instructed by Livingston Alexander & Levy for the

Defendant & with them Miss Gillian Burgess of the Jamaica Public Service Company

Limited.

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