2013

Lewis, Denton v Dingwall, Constable Donald; Israel, Constable Orel et al

Assault – False Imprisonment – Malicious Prosecution – Whether reasonable and probable cause – Whether shooting in self defence – Whether warrant in possession of police – Acknowledgment of Service entered for 3rd Defendant only – Whether other Defendants undefended – Damages.

Cybervale Limited v Cable & Wireless Jamaica Ltd

 

Civil practice and procedure – Security for costs application – Section 388 of Companies Act – Court’s power to stipulate time – Part 24 of the CPR – Delay in making application – Relevance of relative impecuniosity of claimant company to more prosperous defendant – Avoidance of both oppressive use of security for costs application and of state of impecuniosity – Whether claim only or whole of proceedings stayed – Appropriate order for costs on successful application for security for costs

Hew, Joy v Sandals Ocho Rios Limited

Occupiers Liability Act – Negligence – Fall – Hotel driveway - Whether surface uneven – Whether breach of duty of care - Fractured metatarsals - Damage

Bennett, Hugh and Bennett, Jacqueline v Williams, Michael

Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of Attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by court in deciding whether to grant an extension of time for filing defence - Length of delay - Reasons for delay - prejudice to claimant - Whether proposed defence has a r

Moore, Kevin v Symsure Limited

Application for Court Orders – Security for Costs –Principles – Part 24 of the Civil Procedure Rules – Affidavit Evidence – Part 30 of the Civil Procedure Rules

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