2013

Steens, Sylvia v National Commercial Bank of Jamaica Limited

Banker/Client relationship – Whether advice given by employee of defendant – whether advice given in a friendly capacity – whether advisor knew that she was being trusted or that reliance was placed on her skill – whether duty to exercise care imposed on person giving advice – whether defendant vicariously liable

Stewart, Getfield v Stewart, Pearlena

Claim for Division of Matrimonial Property – “Family Home” – The Property (Rights of Spouses) Act – Claim for Maintenance of Divorced Wife and Child of the Parties – Principles to be Considered – Maintenance Act.

Small, Nerine v The Director of Public Prosecutions

Renewed Application for Permission to Apply for Judicial Review - Whether Director of Public Prosecution’s decision not to prosecute ultra vires - Circumstances in which permission to review will be granted - Labour Relations and Industrial Disputes Act - Enforcement of Order of the Industrial Disputes Tribunal.

Simpson-Miller, The Hon. Mrs. ; Pickersgill, Robert et al v The Attorney General and the Director of Public Prosecutions

Constitutional law - Fundamental rights and freedoms - Mutual legal assistance in criminal matters - Request of foreign state for taking of evidence from witnesses in Jamaica - Witnesses refusing to co-operate – Application of central authority for order for witnesses to give evidence on oath - Order granted – Whether order an abuse of process – Whether order breached constitutional rights of witnesses - Right to equitable and humane treatment – Right to be free from discrimination on political grounds - Right to fair hearing – Right to due process - The Mutual Assistance (Criminal Matters)

North American Holdings Company Limited v Webber, Howard and Evans, Devon

Application to Set Aside Moneylending Transaction- The Moneylending Act – Promissory Note – The Bills of Exchange Act – Whether Interest Rate Charged Harsh and Excessive – Whether “Loan Fee” Caught by Provisions of Moneylending Act – Whether Court to Reopen Entire Transaction.

Billone, Nadine v Experts 2010 Company Ltd.

 

 Application to set aside default judgment – Whether good reason for failing to file a defence shown – Whether defendant acted promptly upon having become aware that a default judgment was entered against it – Whether proposed defence has a real - Realistic prospect of success.

Levy, George Anthony v The General Legal Council

 

Judicial review – Application for leave for judicial review filed out of time - Application to Extend time to apply for leave – Undue delay – Whether there is a decision for the Purposes of judicial review – Whether good reason exists for extension to be granted – Considerations for exercise of court’s discretion to extend time - CPR, 56.2; 56.6(1); 56.6 (2 ); 56.6 (3) 56.6(5).

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