2016

Application for Security for Costs – Claimant a foreign corporation – Claimant alleging inability to pay

Civil Law - Negligence – Motor Vehicle Accident – Fatal Accident – Letters of Administration – Application to strike out Claim – No Real Prospect of Success – Matter Statute Barred – Limitation Period Expired – Mandatory Leave needed.

 Civil procedure Application to strike out or stay proceedings – Private international law – Parties living overseas and land located in Jamaica – Parties divorcing in foreign state and make agreement to dispose of land in Jamaica – Whether agreement involves dispute over title to land or just personal obligation

Contract – Tomlin Order – Variation – Terms of Variation - Whether Variation an Enforceable Agreement – Whether Terms include “Close of Business” – Whether Conditional Contract-Specific Performance.

Maintenance of spouse – Application for interim maintenance order to be cancelled – Applicant unemployed and earning power limited – Exercise of discretion of court – Application for relief from sanctions

Claim for damages for negligence/employer’s liability – Attack on armed police officer at a police station by member of the public who was a visitor to the police station compound – Duty of care owed by occupier of police station compound to person working within that compound – Duty of care owed by government to persons working on and visiting that compound – Res Ipsa Loquitur – failure of defendant to do anything other than put claimant to proof of his case – Failure of defendant to lead any evidence or to challenge the claimant’s case in any significant way during cross – Examin

 Defendant’s application for summary judgment – Realistic prospect of success – Plea of Non Est Factum – Carelessness – No independent legal advice – Claimant allegedly semi-literate – Undue influence – Trust and confidence – Abuse of influence – Whether mortgage deed was of a fundamentally different character in terms of payment schedule and interest rate

False imprisonment – Malicious prosecution – Whether claim against crown must be pursued against attorney general only – Defendant entitled to damages for false imprisonment only for the period of time held in custody before having been arraigned/brought before a court – Elements required to be proven in claim for damages for false imprisonment – Elements required to be proven in claim for damages for malicious prosecution – Proof of malice or absence of reasonable and probable cause for prosecution of claimant – Lack of reasonable and probable cause for arrest is not to be equated with lac

Employer’s Liability – Claimant injured when she stepped on a broken glass bottle – Duty of the defendant to make its premises reasonably safe and to ensure water boots were provided – Assessment of damages – Summary assessment of cost denied

Civil procedure - Discharge of freezing order - Material non- disclosure - Discharge of Norwich Pharmacal order - Removal of defendants from claim[2016] JMSC Civ. 69
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
CIVIL DIVISION
CLAIM NO. 2012HCV05617
BETWEEN
MARK ANDERSON JONES
CLAIMANT
AND
MID ISLAND POULTRY LIMITED
FIRST DEFENDANT
AND
DONOVAN HUNTER
SECOND DEFENDANT
AND
DARMAC POULTRY LIMITED
THIRD DEFENDANT
AND
ARMC INVESTMENT LIMITED
FOURTH DEFENDANT
AND