2018

Levy, Ian and Levy, Cecelia v Atherton, Julie et al

Contract - Dispute as to nature and validity of contract - Contract referring to loan/eqity - Whether monies advanced was for a loan or an equity investment - Whether the written contract was so ambigious as to call into question the contra proferentem rule - Whether contract in breach of the Moneylending Act.

Contract - Sums paid under an earlier agreement - Later agreement superseding the earlier agreement by incorporating its terms - Whether consideration past.

Gayle, David v Sol Petroleum Jamaica Limited

Contract - Contract of employment - Whether period of probation was extended - Whether sufficient notice of termination - Whether there is an implied term of trust and confidence in an employment agreement - Whether breach of such as term can override an express contractual term specifying the appropriate period of notice.

Crooks, Nelda v Whitlock, Conroy

Trespass - Who may bring claim - Registered title by description - Construction of descriptive words in context of other evidence. 

Foreign Options Investment v Messado, Jennifer et al

Injunction - Principles to be applied - Applicant registered legal owner – Party against whom injunction is sought is a mortgagee – Payment into court by mortgagor under ‘Marabella principle’ - Exceptions to applicability of the principle

The Queen v Green, Kimeo

The Evidence (Special Measures) Act, 2012 - The Evidence (Special Measures) (Criminal Jurisdiction) (Judicature) (Supreme Court) Rules, 2016 - Application for main witness to give evidence by live link - Appropriate circumstances for use of special measure of live link - Definition of vulnerabe witness - Witness said to be in fear but no allegation of actual threat - Right of accused to a fair trial - Credibility significant issue - Risk of incurable prejudice of the accused - Overall interests of the administration of justice.

Quallo, Valrie June v Quallo, Alford Hanson

Matrimonial Property – Claimant’s entitlement to an interest in the family home – Whether claimant’s interest in family home has been extinguished – Property (Rights of Spouses) Act, 2004, section 6, Limitation of Actions Act, 1881, sections 3, 4, 14 and 30

Davis, Dawn v Gray, Delrose

Land - Joint Tenancy – Extinction of title of registered owner – Limitation of Actions Act, 1881, sections 3, 4, 14 and 30

Powell, Denia v The Board of Management of John Mills Primary and Junior High School, Ministry of Education and the Attorney General of Jamaica

Application for extension of time to apply for leave for Judicial Review - Whether the application was made promptly - Whether there is good reason to grant the extension of time - Where there will be substantial hardship or prejudice to the rights of any person - Whether there is an arguable case for legitimate expectation - Whether there will be detriment to good administration.

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