The Hon. Mr. Justice Kirk Anderson

Austin, Dale v The Public Service Commission and The Attorney General of Jamaica

Unless order - Striking out of defendant's statement of case - Whether defendants whose case has been struck out can participate in assessment of damages hearing - To whom extent can the defendants whose case has been struck out participate in an assessment of damages hearing - Fundamental rights of defendant - Proportionality of restriction on defendant's rights to objective of striking out the defendant's statement of case.

Lyn's Funeral Home v Fearon, Paul

Application to set aside default judgment - Whether or not default judgment was regularly obtained - Whether applicant can plead inconsistent alternative grounds in support of application - Whether to serve accompanying documents along with the claim form and particulars of claim renders the claims a nullity - How to properly dispute the Court's jurisdiction to try the claim.

Cameron, Mervin v Attorney General of Jamaica No. 2

Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken

Grant-Nelson, Sharon Naomi v Nelson, Naburn

Trial - Family law - Division of propert post separation - Equity - Inapplicability of  Property (Rights of Spouses) Act - Presumption arising from having name on title - Alleged pooling of parties' funds - No evidence of childrens' dates of birth - Insufficient evidence of the parties as to maintenance of children - Burden of proof - Whether Limitation of Actions Act is applicable.

Minott, Robert v South East Regional Health Authority et al

CLAIM FOR DAMAGES FOR NEGLIGENCE – CLAIM FOR HANDICAP ON THE LABOUR MARKET – CLAIM FOR LOSS OF FUTURE EARNINGS – MULTIPLIER/MULTIPLICAND APPROACH – LUMP SUM APPROACH – DISTINCTION BETWEEN A CLAIM FOR LOSS OF FUTURE EARNINGS AND A LOSS OF EARNING CAPACITY – HANDICAP ON THE LABOUR MARKET – GENERAL DAMAGES FOR PAIN AND SUFFERING AND LOSS OF AMENITIES – CLAIMANT WAS A WELDER – CLAIMANT’S LEG WAS AMPUTATED DUE TO THE CROWN’S NEGLIGENCE – LOSS OF EARNINGS UP UNTIL DATE OF TRIAL TO BE TREATED AS AN ITEM OF SPECIAL DAMAGES – LOSS OF EARNINGS EXPECTED AFTER TRIAL TO BE TREATED AS AN ITEM OF GENERAL

Smith, Georgette v Jamaica Defence Force Co-Operative Credit Union

Striking out application – Application for an administrative order – Application for constitutional redress – Application for constitutional redress joined with other claims in tort – Whether claim form is appropriate form for court proceedings upon this claim – Defence filed out of time – Application for an extension of time to file defence – Relevant factors to be considered by the court in respect of an application for an extension of time to file defence – Court’s general power to correct procedural errors – Over-riding objective.

Cameron, Mervin v Attorney General of Jamaica

Constitutional law – Allegations of violation of right to trial within a reasonable
time – Whether violation of reasonable time standard results in grant of stay
automatically – How analysis is to be done – Factors to be considered when
determining whether reasonable time standard violated – Consequences of
violation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) and 16
(1) – Canadian Charter of Rights and Freedoms, Section 11 (b)

McLeggan, Ervin v Scarlett, Daphne and The Registrar of Titles

Fraud – Definition of fraud – Burden and standard of proof – Registered title – Effect of ss.70 and 161 of the Registration of Titles Act – Effect of ss. 164-168 of the Registration of Titles Act – Whether 2nd defendant is exempted from liability by virtue of s.160 of the Registration of Titles Act – Need to prove fraud on the part of the present registered proprietor if claim is to be proven

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