2017

Insurance Company of the West Indies v Davis, Desmond

Insurance Law – Whether failure to disclose the use of a motor vehicle amounts to misrepresentation and/or non-disclosure of material facts – Breach of warranty of contract – Avoidance of policy of insurance by Insurer – The Motor Vehicles Insurance (Third-Party Risks) Act, section 18.

Harper, Cedric v Lee, David

Civil Procedure - Effect of failure to file application to pay by instalment form (form 6) with claim form in accordance with CPR 8.16(1)(e) - Whether this is a defect which may be cured – Whether re-serving claim form with application to pay by instalment is a method by which defect may be cured - Whether such re-service of claim form must be within 12 months life of the claim form - Whether an extension of time within which to serve claim form may be made more than 12 months after the claim form was issued

BRL Limited v Attorney General of Jamaica and Village resorts Limited

Request for information -Specific disclosure - Civil Procedure Rules 34.1 and 28.6(5) - Whether disclosure of company minutes would erode free and candid discussions - Whether material sought too voluminous - Security for costs – Civil Procedure Rules 24.2(1) – Claimant resident outside jurisdiction - Ancillary Claimant resident in Jamaica - Claimant assetless –Whether security for costs order appropriate .

McFarlane, Glenton v Ferguson, Hopeton

Sale of land by vendor to  two persons - Deed of conveyance - Failure to record deed - Bona fide purchaser for value without notice - Conveyancing Act, S. 66 and 74   - Records Deeds Act. S.2, 6 & 7 -  Will Letters Patents Act - Valid sale - Rescission of contract - Late recording

Pages

Customer Service

customer complaints image