The Hon. Mrs. Justice Viviene Harris

Grant, Nicholas v Levy, G. Anthony

Security for Costs – Whether claimant ordinarily resident outside of the jurisdiction – Whether address stated in claim form is incorrect – Rule 24 of the Civil Procedure Rules 2002.

Careif Limited and Tharpe, Anthony v Jamaica Observer Limited

Interlocutory Application – Specific disclosure – Request for Information – Unless Order – Whether there has been compliance – Whether claimants’ statement of case is struck out – Rules 28 & 34 of the Civil Procedure Rules 2002.

Peart, Roxanne v Thomas, Shameer and O'Connor, Brenda et al

Negligence – Claimant stabbed in eye with pencil – Loss of vision in left eye – Cause of action pleaded in Negligence – Whether statement of case discloses negligence or assault against one Defendant – Section 48 of the Judicature (Supreme Court Act) – Rule 8 of the Civil Procedure Rules
Damages – Post Traumatic Stress Disorder – Quantum of damages

Davis, Errol et al v Barrett-Davis, Naomi

Probate – Will – Validity – Whether testator possessed testamentary capacity at the time of execution of will – Whether signature on will was that of the testator – Whether testator was acting under duress when he executed last will and testament – Whether grant of probate to be revoked.

Insurance Company of the West Indies v Davis, Desmond

Insurance Law – Whether failure to disclose the use of a motor vehicle amounts to misrepresentation and/or non-disclosure of material facts – Breach of warranty of contract – Avoidance of policy of insurance by Insurer – The Motor Vehicles Insurance (Third-Party Risks) Act, section 18.

Dixon, Nadeen v Dixon, Herman

Matrimonial Property – Division of matrimonial properties – Parties registered as joint tenants of properties – Properties acquired during the marriage – Whether one property is the family home – Variation of the equal share rule – Whether parties entitled to equal share of the beneficial interest in the other property – Property (Rights of Spouses) Act sections 6, 7, 13, 14 and 15

Afflick-Phinn, Kemeica v Phinn, Dwayne

Equity – Constructive and Resulting Trusts – Joint Tenancy – One Joint Tenant deceased – Legal proceedings commenced by deceased Joint Tenant before his death to sever joint tenancy – Spouse of deceased joint tenant claiming beneficial interest in property – Civil Procedure Rules 27.2 (8).

Insurance Company of the West Indies Limited v Marshall, Edward

Insurance Law – Whether failure to disclose previous accident amounts to misrepresentation and/or non-disclosure of material facts – Breach of warranty of contract – Avoidance of policy by Insurer – Whether insurance broker is the agent of the insurance company

Pages

Customer Service

customer complaints image