Bank of Nova Scotia Jamaica Limited v Carl Stephenson Et al
Application to strike out pursuant to Civil Procedure Rules – Distinction between “new proceedings” and “old proceedings” – Rule 73.3(1) of New CPR Rules – Old proceedings not within Hilary Term within Non-Hilary Term – Case Management Conference – Whether default judgment automatically struck out for failure to comply with Rule – Whether judgment enforceable
Baker, Jodian v Damien Andrew Gallimore et al
Negligence - Motor Vehicle Accident - Overtaking line of traffic - Whether vehicle being overtaken was negligent, or contributed to accident
Dawkins, Theresa v Davidson, Patrick, Annalesa Williams-Davidson and Andrew Williams
Tort – Negligence – Personal Injury – Assessment of Damages – Injured party died before assessment of damages – Principles involved in assessing damages where party dies before assessment of damages – Civil Practice and Procedure – Assessment of damages – Quantum of damages – Whether assessment should be substantial damages or nominal damages.
Brooks-Mullings, Paulette May et al v Watson-Copeland, Annette Alicia
Land Law – Recovery of pPossession – Whether or not the Claimants are entitled to recovery of possession of property from the Defendant who is a Joint Owner of the property equity – Constructive trust – Whether or not the Defendant holds the beneficial interest in the rroperty in trust for the Claimants – Whether or not the Claimants have rebutted the presumption of joint legal and beneficial ownership in the property where parties are registered as joint tenants on the registered title.
Morgan, Ray v Clerk of Court, Kingston & St. Andrew Parish Court Et al
CONSTITUTIONAL LAW – ASSESSMENT OF DAMAGES FOR UNLAWFUL DETENTION OF 2,504 DAYS – FAILURE OF MACHINERY FOR TIMELY APPELLATE REVIEW – NO RECORD OF APPEAL PRODUCED - CLAIMANT SERVED SIX YEARS EIGHT MONTHS IN EXCESS OF SENTENCE AS A RESULT – DUE PROCESS RIGHTS BREACHED – PRIVY COUNCIL REMITS FOR REHEARING ON SENTENCE – TAPERED RATE – VINDICATORY DAMAGES AWARDED
Lindsay, Jermaine v The Attorney General
Constitutional relief - Malicious Prosecution - Chain of custody - No case submissionupheld - Prosecution's case made out on evidence - Proper case to lay before the Court despite finding of Parish Court.
Gayle, Mark v Jamaica Urban Transit Company Limited and Bathanel Lebert Walker
NEGLIGENCE - MOTOR CAR COLLIDES WITH BUS MAKING TURN
Moore, Bridget v Island Gully Falls Limited Et al
Civil Procedure - CPR rule 16.2 - Assessment of damages after default judgment CPR rule 26.8 - Rationale for approach and considerations for the court on applications for relief from sanctions.
Administrator General For Jamaica v Jamaica Pre - Mix Limited and Rohan Reid
ASSESSMENT OF DAMAGES – FATAL ACCIDENTS ACT – LAW REFORM (MISCELLANEOUS PROVISIONS) ACT
Wilson's Electronics Limited v Spectrum Insurance Brokers Limited
INSURANCE-AGENCY-INSURANCE SECURED THROUGH A BROKER-BROKER AN AGENT FOR THE INSURED-INSURED REQUIRING COVERAGE FOR ACTIVE CABLE TRANSMISSION LINES-EXCLUSION CLAUSE IN POLICY EXCLUDING SUCH RISK-NO SUCH COVERAGE AVAILABLE IN THE TRADE-BROKER FAILING TO INFORM INSURED OF EXCLUSION CLAUSE-NO DISCLOSURE TO THE INSURER THAT EQUIPMENT WAS ACTIVE TRANSMISSION LINES-NO INDEMNITY BY INSURER-WHETHER THE BROKER IN BREACH OF AGENCY CONTRACT- WHETHER BROKER LIABLE TO INDEMNIFY THE INSURED-WHETHER BROKER UNDER A DUTY TO DISCLOSE THE EXCLUSION CLAUSE OR INFORM THE INSURED THAT NO SUCH COVERAGE AVAILABLE F