2013

Bowen, Norman W. M. v Robinson, Shahine; Brown, Rupert; Walker, Danville and the Attorney General of Jamaica

Costs granted on Indemnity Basis - Taxation of Bill of Costs by Registrar - Review or appeal of registrar’s decision - Section 27 Legal Profession Act and Civil Procedure Rules 65.26 considered - Registrar’s discretion - Retainer agreement - Must contain language advising the client of certain options – Onus on paying party to show costs are unreasonable – Right of paying party to cross-examine..

Bennett, Hugh & 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 of defence - Length of delay - Reasons for delay - Prejudice of claimant - Whether proposed defence has

Sandcroft, Agatha v Sandcroft, Ernest

Division of matrimonial property - Family Property (Rights of Spouses) Act - Brown v Brown retroactivity of the PROSA - Application for extension of time within which to apply - Requirement of leave for provision of time to apply for extension of the meaning of spouse pursuant to section 2.

 

Myles, Radcliffe (Claiming on behalf of the estate of Winston Myles) v Attorney General of Jamaica

Assault - Battery - False imprisonment - Malicious prosecution - Failure of defence to lead any evidence - Application during trial to strike out defence - Effect of failure of defence to leand any evidence during trial - What constitutes assault - Need to prove loss and/or damage in claim for damages for malicious prosecution - Claim for exemplary damages - Consideration of hearsay evidence during trial - Summary judgment - Prima facie case not be be equated with proven case.

 

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