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)

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