2017

Jebmed S.R.L v Capital S.P.A Owners of M/V Trading Fabrizia et al Consolidated with Elburg Ship Management v Enterprise Shipping Agency et al

ADMIRALTY CLAIM-CLAIM IN REM AGAINST A SHIP-SHIP OWNERS ENTERING APPEARANCE-JUDGMENT ENTERED AGAINST SHIP OWNERS IN PERSONAM IN A FOREIGN JURISDICTION-SHIP OWNERS APPLYING TO SET ASIDE JUDGMENT ON GROUNDS OF RES JUDICATA AND ABUSE OF PROCESS OF THE COURT-WHETHER CLAIM SHOULD BE SET ASIDE
ADMIRALTY CLAIM-APPLICATION TO AMEND CLAIM-WHETHER AMENDMENT SHOULD BE REFUSED ON THE BASIS THAT CLAIM IS RES JUDICATA

White, Claudette v Mullings, Cyril et al

Whether claim limited to causes of action specifically pleaded– breach of contract–
elements of contract– informal family arrangements– intention to create legal relations–
presumption of fact– mutual love and affection–assurance by word or conduct–
reliance– detriment– whether defendants’ action unconscionable– unjust enrichment–
restitution– receipt of benefit at claimant’s expense– whether unjust to retain benefit–
principles of equity– no agreement or promise made in writing– to what extent equity
mitigates the rigours of the law

Alliance Finance Limited v Capital Solution Limited et al

MAREVA INJUNCTION - APPLICATION FOR FREEZING ORDER OVER MONIES HELD BY FINANCIAL INSTITUTION ON BEHALF OF CLIENTS - CLIENT ENTERED INTO AGREEMENT TO ASSIGN BENEFICIAL INTEREST IN SUMS HELD BY FINANCIAL INSTITUTION TO SECOND FINANCIAL INSTITUTION TO WHICH CLIENT IS INDEBTED - SECOND FINANCIAL INSTITUTION CLAIMING TO BE BENEFICIALLY ENTITLED TO SUCH SUMS ASSIGNED - FINANCIAL INSTITUTION REFUSING TO PAY - WHETHER SECOND FINANCIAL INSTITUTION HAS AN ARGUABLE CASE IN TRUSTS - PAYMENTS BEING MADE OUT TO OTHER CLIENTS FROM THE FUND - WHETHER SUCH PAYMENTS QUALIFY AS DISSIPATION OF ASSETS FOR THE P

Dixon, Doreen v Dixon, Quenston

THE PROPERTY RIGHTS OF SPOUSES ACT-WHAT CONSTITUTES THE FAMILY HOME-INTEREST IN THE FAMILY HOME-THIRD PARTY’S INTEREST-FIXTURES AND CHATTELS-LAND ACQUIRED BEFORE THE PARTIES WERE SPOUSES-ENTITLEMENT TO PROPERTY-FINANCIAL AND NON-FINANCIAL CONTRIBUTION- PARTY’S SHARE IN PROPERTY NO LONGER IN THE POSSESSION OF SPOUSE-ADVERSE POSSESSION

Bain, Courtney Brendan v The University of the West Indies

Constitutional Law – Claim for breach of Fundamental Rights and Freedoms – Freedom of Expression – Freedom of Thought and Conscience – Expert Witness – Expert Report – Whether breach of Fundamental Rights and Freedoms is demonstrably Justified in a Free and Democratic Society – Breach of Employment Contract – Payment in Lieu of Notice – Stigma and Reputational Harm – Loss of Advantage on the Labour Market – Breach of Implied Term of Trust and Confidence – Defamation – Damages – Aggravated Damages – Constitutional and Vindicatory Damages.

Barnett, Reid Andrew et al v Stewart, Monica

MARRIAGE - CAPACITY TO CONSENT TO MARRIAGE –– EXPERT EVIDENCE - EVIDENCE OF CAREGIVER – FALSE IMPRISONMENT – BREACH OF FUNDAMENTAL RIGHTS AND FREEDOMS – RETURN OF MONEY PAID TO SPOUSE OF CLAIMANT - MATRIMONIAL CAUSES ACT SECTION 4

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