The Hon. Miss Justice Andrea Thomas

Taylor, Franklyn (Attorney for Mark Jackson) v Smith, Symar

Locus standi - Whether the action is brought as a relator’s claim - Whether the claimant has the locus standi to bring the claim (Rule 8.12). Breach of Contract - Whether there is a valid contact between the parties - Whether the contract is void for illegality. Negligence - Bailor - Bailee - Whether the defendant/bailee owed a duty of care to the claimant/bailor - Whether the defendant breached his duty of care - Damage to property.

McNeil, David v Public Supermarket Ltd

Application to Dismiss for want of prosecution - Abuse of the process of the court - Whether there is inordinate inexcusable delay - Whether there is or will be incurable prejudice - Whether a fair trial is possible - Rule 1.1 - Rule 26.3 of the Jamaica Civil Procedure Rules (CPR).

Brooks, Kevin v Edwards, Consolidated with Byfield, Dahlia v Edwards, Christopher

Negligence - Motor vehicle collision - Personal injuries - Damages to motor vehicle
- whether the defendant is liable - Whether the claimants are contributory negligent. Assessment of Damages - Special damages - Whether loss of earning - Loss of future earnings should be strictly proven - Loss of earning capacity - Whether multiplicand/multiplier approach is appropriate - Pain and suffering and loss of amenities.

Hyman, Delsha v O'Connor, Jaye-Ann

Motor vehicle accident - Assessment of damages - Future care - Pain and suffering and loss of amenities - Four medical doctors - Four conflicting assessment of impairment.

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.

Moore, Balvine v Mills, Marcia Andrea et al

Application to set aside Default Judgment- Defendant filed an Acknowledgement of Service but failed to File Defence. - Whether, there is good reason for the delay - Whether information contained in the Acknowledgment of Service amounts to an Admission of the Claim - Whether the Defence has a real prospect of success. Rules 1.1,1.2 13.3,,13.6.

Davis, Jephtah v Marshall, Roy

Substituted service - Application to set aside substituted service - Default judgment - Insurer saying they are unable to contact insured - Tests to be applied.



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