2012

Christian, Jacqueline Elmay v Christian,Octavious

Family Property - Husband and wife - Family Home - Family Law Reform -

Mischief for Correction - Equal Share Rule - Whether Application Unreasonable

and Unjust - Relevance of Contributions - Property (Rights of Spouses) Act 2004,

SS 6,7 and 14

Cable & Wireless Jamaica Limited v Alliance Investment Management Limited et al

Contract – bank guarantee – guarantee given pursuant to Telecommunications Agreement – characteristics, meaning and effect of guarantee – construction of guarantee – whether guarantor contravenes terms of guarantee by refusing to pay on demand

Civil Procedure - summary judgment – judgment after determination of a preliminary issue of law – considerations to be applied in granting judgment – whether claimant entitled to judgment on a proper construction of the guarantee-CPR, rules 26.1 (2)(j); 15.2.

C&H Property Development Company Limited v Capital And Credit Merchant bank limited

Company Law - Security for costs application under Section 388 Companies Act- What constitutes credible testimony of reason to believe company will be unable to pay costs - Sub-sections 221(a) and 221(c) Companies Act - Different requirements - When company deemed to be unable to pay debts - Inability/failure to pay debts more crucial test of insolvency than whether liabilites exceed assets

Burghardt, Sharon and Burghardt, Harold v Taylor, Tracy

ADVERSE POSSESSION – TENANCY AT WILL – BARE LICENSEE – REVOCATION OF

LICENCE – BENEFICIARY GIVING PERMISSION TO OCCUPY LAND – ACCRUAL OF

RIGHT TO BRING ACTION FOR RECOVERY OF POSSESSION – FAILURE TO

DEMONSTRATE LIMITATION PERIOD – LIMITATION OF ACTIONS ACT SS. 3, 4, 9, 30

Brown, Rio v N.E.M. Insurance Company Jamaica Limited

Insurance policy – Law of contract – What constitutes offer by insured and acceptance by insurer – Whether accord and satisfaction, release and discharge – Whether average clause applicable – Significance of term "SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY"

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Customer Service

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