2017

Peart, Roxanne v Thomas, Shameer and O'Connor, Brenda et al

Negligence – Claimant stabbed in eye with pencil – Loss of vision in left eye – Cause of action pleaded in Negligence – Whether statement of case discloses negligence or assault against one Defendant – Section 48 of the Judicature (Supreme Court Act) – Rule 8 of the Civil Procedure Rules
Damages – Post Traumatic Stress Disorder – Quantum of damages

Dystant, Monica v Proprietors Strata Plan #788

Application for relief from sanctions  - Distinction between application to set aside default judgment and application for relief from sanctions – Whether judge of concurrent jurisdiction can set aside judgment of another – Whether slip rule applies to error made by judge. 

Gayle, Lennox v Regina

Criminal Law- Constabulary force Act - Assault - Resisting arrest- Whether arrest lawful - Whether duty to give name - Noise Abatement Act -Whether reasonable cause to suspect.

Davis, Errol et al v Barrett-Davis, Naomi

Probate – Will – Validity – Whether testator possessed testamentary capacity at the time of execution of will – Whether signature on will was that of the testator – Whether testator was acting under duress when he executed last will and testament – Whether grant of probate to be revoked.

Barnett, Keino v Byfield, Roland and Clarke, Tyrone

Negligence – Motor vehicle collision – Light controlled intersection – Defendant making right turn across highway – Amber light – Meaning – Road Traffic Regulations – Evidence – Admissibility of result of a criminal trial – Contributory negligence – Damages – Fractured legs – Re-fracture – Whether second injury remote – Domestic help paid for by another – Whether recoverable by Claimant – Mitigation – Whether defendant to plead – Ancillary Claim – Whether injuries to be particularised.

Lawrence, Michael v Bell, Leon; Smith, Vaughn and Clarke, James

Negligence  Motor vehicular accident – Disabled vehicle – Collision with the back of a stationary truck – Claimant injured while being a passenger in the bus– Whether the driver of the bus or the owner of the truck breached their duty of care owed to the claimant – The Road Traffic Act – Island Traffic Authority Road Code 1987 – Assessment of damages

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