2018

Thomas, Ann v Guardsman Limited and NMIA Airports Limited

Application to set aside judgment entered in default of acknowledgment of service – What is proper service of registered article on a company – Whether judgment entered irregularly – Whether court ought to set aside judgment as of right or apply provisions of rule 13.3 Civil Procedure Rules – Section 52 Interpretation Act.

Hay, Manfas v Thompson, Clover and Prendergast, Jonathon

Claim for recovery of possession and for damages for trespass – Proceedings brought by fixed date claim Form – Defence of adverse possession – Procedural objection – Whether proceedings ought to have been commenced by means of claim form – Whether conversion of proceedings appropriate.

Murray, Karin v Clough Long and Company

Bill of cost – Retainer agreement – Disputed attorney’s fees - Refusal by attorney to have bill of cost taxed – Whether court has jurisdiction to refer bill to Registrar of the Supreme Court for taxation after limitation period – Legal Profession Act Section 24(4).

Wong Sam, Dorrett v Jamaica Redevelopment Foundation Inc.

Mortgage – Whether exercise of statutory power of sale is subject to the Limitation of Actions Act
Evidence – Without prejudice communication – Principles - Whether communication containing clear admission of debt excluded
Witness statement – Whether witness who does not identity her purported witness statement may be permitted to give viva voce evidence

Lawrence, Gertude v Lawrence, Joseph

Civil procedure - Consent order - Application to enforce - Whether death of applicant seven months after order a supervening event which undermined or invalidated the basis on which the consent order was entered into Evidence - Determining the underlying assumption or basis on which a consent order was entered into - Whether conduct of respondent in devising property to children by will sufficient evidence to determine the underlying assumption or basis of consent order

Reid, Cyrus v JP Tropical Foods Limited

Application to strike out statement of case under Rule 26.3 (1) of the Civil Procedure Rules - Limitation of Actions Act - Whether claim is statute barred - Application under rule 20.6 of the Civil Procedure Rules.

St. Catherine Co-operative Credit Union Limited v Rhule Herman et al

Civil Procedure - Application for stay of proceedings - Principles to be applied Mortgage – Whether foreclosure proceedings can be reopened – Whether difference between value of foreclosed property and mortgage debt and/or special value of land to mortgagor sufficient factors.

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