2013

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.

 

Lewis, Earle and Lewis, Carol v Valley Slurry Seal Company, Reed, Jeffrey and Valley Slurry Seal Caribbean Limited

Company law - Section 212 of the Companies Act - Application for leave to bring derivatice action in the name and on behalf of the company - Company and not the proposed defendants the propert party to the application for leave - Required to receive notice of applicaion for leave - Whetehr applicants are 'complainants' - 3 conditions precedent - Notice to directors, good faith, appears to be int he interests of the company that action be brought - Whether fulfilled.

 

Wright, Anwar v The Attorney General

An application to set aside decision to grant leave to enter default judgment - An applicationto set aside decision refusing extension of time in which to file defence - Reasonable prospect of success - As soon as reasonable practicable - Overriding objective in the exercise of discretion.

Malcolm, Vilma Wilson v Malcolm, Junior Washington

 

 Application under property rights of spouses act - Partition act application – Applications for division of matrimonial property – Failure to deny allegation in claimant’s statement of case – Failure to provide reasons for putting claimant to proof of allegation – How to make application in relation to section 7 of prosa – Effect of failure to make application in relation to section 7 of PROSA - Applicability of presumption of equal division – Section 6 of PROSA – Division of personal property items – Section 14 of PROSA.

Williams, Arthur v Holness, Andrew

Injunction - Interlocutory application - Restraining defendant from making any nomination for appointment of a new member of the Senate.

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