The Hon. Miss Justice Andrea Thomas

Sirjue-Sinclair, Maureen v Sinclair, Welsford Leo

Division of Matrimonial Property - Family Home - Whether the equal share rule should be varied - Mortgage registered against the title of the Family Home - Whether the mortgage was a joint venture or personal debt - Other Property - No financial contribution by wife - Whether non-financial contribution established. (Section 6, 7, 13, 14 ,15 and 17 of The Property (Rights of Spouses) Act.

Burrell, Ackelie v McLeod, Raymond

Motor vehicle accident - Negligence - Breach of duty of care - Assessment of damages - Special damages - Medical expenses - Whether the claimant is entitled to claim portion of expenses paid by his Health Insurance - Future medical expenses - No mention of this item in the particulars of claim or the claimant’s evidence - First time it is mentioned is in the supplemental submissions - Whether the Claimant is entitled to an award - General damages - Pain and suffering and loss of amenities - Handicap on the labour market.

Fullwood, Andre v The Firearm Licensing Authority

Application for Leave for Judicial Review - Whether there is a discretionary bar of delay - Whether time begins to run from the date of the decision/order or from the date of service of the notice of the decision. No application for extension of time - Whether the Court can on its own motion grant an extension of time.

Baker, Ailette v Gordon, Liston

Ownership of Land - Constructive Trust - Whether there is Sufficient Evidence of Common Intention - Proprietary Estoppel - Defendant admits receiving a sum of money - Whether moneys advanced was a loan or whether there is sufficient evidence of encouragement, promise or assurance to build on the land, giving rise to a reasonable expectation of proprietary interest in the land.

Taylor, James (Executor of the Estate of Jerusha Taylor) v Rennie, Errol

Application to set aside provisional charging order - Provisional charging order
issued by registrar on a default cost certificate - Whether default cost certificate
properly issued - Whether the registrar is empowered to make provisional charging
orders. Application to set aside Judgement After Striking Out - Defendant and
Attorney were present when the Unless Order was made - Whether the Defendant
had to be served with the Unless Order before judgment could be entered - Whether

Lyons, Charmaine v Lindsay, Delroy and Mitchell, Learie

Recovery of possession of land - Defence of adverse possession - Whether factual exclusive possession and intention to possess proven - Defence of proprietary estoppel - Whether there is evidence of assurance - reliance - detriment - Person in whom interest via proprietary estoppel resides is deceased - Estate not a party to the proceedings - Defendants are not personal representatives of the estate -Whether the Defendants can rely on the rights of the estate to remain in possession - Mesne Profits.

Palmer, Dinsdale v Caricom Home Builders Company Limited and Evans, Devon

Breach of Contract for the sale of two Apartment - What were the terms of the
contracts - Two documents containing contractual terms - Which Document
contains the terms of the contracts - Whether one of the Document was forged-
Whether expenditure was incurred customizing one apartment - Whether the full
contract price should be recovered – Damages - Whether damages are proven or
the award should be nominal.

Pages

Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023