2017

Knight, Marjorie v Hume, Lancelot

Property law – Contract - Breach of contract - Contract for the sale of undeveloped land - Purchaser put in possession - Land improved - Specific performance - Whether claim statute-barred - Limitation of Actions Act ss. 3,25, 27, 28 & 30 - Local Improvements Act ss. 5 & 13.

The Assets Recovery Agency v Dunbar, Robert Sylvester and Dunbar, Christina

Forfeiture of Assets – Application for Interim Order – Claim filed twice with same number - Whether service of second filed claim valid - Affidavit pre-dates claim and application which were served - Whether valid - Delay in making application - Application inter partes - Whether honest belief reasonably held that Defendants likely to dissipate assets - Whether evidence in support of application sufficient - Whether Act has retroactive effect.

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

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