2011

Insurance Company of the West Indies v Michael Campbell

Insurance law - Return of premiums - Motor policy - Policy avoided for non - disclosure and misrepresentation - Whether insurer obliged to refund premuims paid under the policy - Whether insurer entitled to rely on allegation of fraud said to be comitted by the assured - Effect of the renewal of the policy prior to discovery of the misrepresentation

Nation, Adrian v The Director of Public Prosecutions and The Attorney General of Jamaica Consolidated with Wright, Kerreen v The Director of Public Prosecutions et al

Constitutional Law – Human rights and Fundamental freedoms - Bail, entitlement to –
Amendments made by Parliament to the Bail Act – Amendments removing entitlement to
bail for certain offences - Whether amendments infringe on the constitutional right to
liberty – Whether amendments infringe on the principle of the separation of powers -
Constitution of Jamaica sections 2, 13, 15, 16, 17, 20, 25, 48, 49, 50 – Bail Act sections 2, 3,
4 and 10 – Bail (Amendment) Act 2010 – Bail (Interim Provisions) Act 2010.
 

Smith, Melissa v Dunwell, Patricia

Negligence-medical specialist-controversial treatment  - Whether departure from acceptable medical practice - Duty to inform of risk - Whether failure to warn - Consent to treatment-standard of disclosure required - Whether objective or subjective test is to be applied - Whether defendant liable.
 

McLeod, Barbara (Mother of deceased, Michael Dorsette) v The Attorney General of Jamaica and The Commissioner of Police

Police party – Constable shooting and killing of deceased – Whether discharge of firearm negligent/malicious/without reasonable and probable cause – Whether Constable acting in lawful self-defence – Whether deceased was acting lawfully at the time of the police shooting – Whether deceased was gainfully employed at the time of his death – Whether Claimant and child were dependents of the deceased – Quantum of loss of dependency.

McFarlene, Violet and Campbell, Igol v Eugster, John and Eugster, Kathleen et al

Adverse possession - Individual claims to possession of many distinct portions of land within large expanses of registered land - Sections 3, 30 of limitation of actions Act - Claim to over 12 years possession but no application to become registered under section 85 of

Registration of Titles Act -  Registered ownership of Land changing – Sections 68, 70, 71, 85, 161 of Registration of Titles Act - When does time begin to run conclusiveness and indefeasibility of registered title - Meaning of “subsequent operation of any statute of

Limitations”

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