2013

Natural Resources Conservation Authority and the Attorney General of Jamaica v The Owners and Persons Interested in the Ship MV Noella # 7 Fishing Vessel

Admiralty - Negligent navigation - Fishing vessel grounded - Coral reef scarred - Living coral destroyed - Vessel in shipping lane - No pilot available - Regulatory framework for operation in Kingston harbour - Authority for operation - The absence of a pilot - The pilot (waiver of compulsory pilotage) 1981 - Special skill or competence, Bolam v Friern Hospital Committee 1975, 2 A.E.R 118 - Compensation - Costs for coral reef restoration and rehabilitation – Capital and operational costs of coral reefs - Benefit loss approach - Comparative costs.

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.

Weir, Headley v Woodham, John; Brandon, Carl and Thompson, Lloyd

Land – Owners hold as tenants in common – 2nd Defendant is part owner in possession who made improvements – Property sold - Whether proceeds of sale to be divided in accordance with an agreement between the co-owners - Whether claim barred by Limitation of Actions Act - Whether one co-owner’s investment in the land bars recovery of equal share by the other co-owners.

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