2014

Taylor, Edward George v Mahoney, Bernard

Negligence – Collision involving a pedal cycle and a truck – Cyclist travelling to left side of the truck when truck proceeded to turn left – Liability of the parties – Whether there is contributory negligence.

Christian, Glenford and Christian, Marva v Westar International Limited, Campbell, Rylant T; Finzi, Winston and First Caribbean International Bank (Jamaica) Limited et al AND Westar International Ltd. et al

Civil Procedure - Applications for court orders - Applications made pursuant to liberty to apply clause in a consent order - Whether application for disclosure and verification of sums a variation of the consent order - No requirement for disclosure or verification in the relevant paragraph of the consent order - Whether the liberty to apply clause may be used for such applications - No fraud, misrepresentation or change of circumstances.

 

Brown-Sinclair, Ilene v The Attorney General of Jamaica

False Imprisonment – Malicious Prosecution – Assault – Trespass – Complainant and Claimant complain of Carnal Abuse – No attendance of Complainant at court proceedings – Claimant charged with Attempting to Pervert the Course of Justice
– Claimant claims Damages – Exemplary Damages – Aggravated Damages –
Claimant’s claim fails – No damages awarded.

Construction Developers Associates v. Urban Development Corporation

Construction Contract - Breach of contract - Whether contract required parties to arbitrate – Whether architect had authority to certify claim – Effect of architect’s interim and final certificates - Whether sum due on earlier certificate can be paid on later certificate - Whether payment made gratuitously - Whether oral contract is ‘Cost Plus’- Whether claimant entitled to compound interest - Whether claim ought to be determined on quantum meruit basis - whether claim statute barred.

Walters, Shyan v Bernard, Ingrid Vickroy

Negligence – Defence as to quantum – Assessment of Damages – Knee injury – Scarring – Whether necessary to cross examine in order to make submission challenging evidence.

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