Whyte, Renee v Lawrence, Jermaine and Hepburn Shaw
Negligence – Motor vehicle collision – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory neglince - Credibility of witnesses.
Damages – Personal injury – Quantum of damages Road Traffic Act, sections 51(2), 53(1)(a) and (b) and 95(3), Island Traffic Authority Road Code, Part 2 – 1, 35, 39(b),(c),(d) and (e) and 40
Tharpe, Anthony v Walters-Wellington, Nicole and Bryan Sykes
Civil procedure – Striking out – Application to strike out claimant’s statement of case – Whether the claimant’s statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the claimant has sufficiently particularized the claim – Whether the claimant’s statement of case as framed constitutes an abuse of the process of the court – Whether the claimant’s statement of case is prolix, frivolous and vexatious and without merit – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the
Lee, Wendy (Administratrix of the Estate of the Late Thomas Chambers, deceased) v Fletcher, Patrick
Limitation of Actions – Land – Registered land – Trespass – Right to possession of land – Injury to possessory rights – What is deemed to be possession of land – Actual possession – Intention to possess land and the exercise of control over it to the exclusion of other persons – Nature and character of land – Unlawful and unjustifiable presence on land in the possession of another – Whether the
claimant has proven that the defendant’s actions amount to the tort of trespass – Burden of proof – Standard of proof – Balance of Probabilities
Defence – Defence to trespass
Coley, Shalanda v Smith, Zadia-Kay and Murline L. Coley (Administratrix of the estate of Damian Coley)
Civil procedure – Summary judgment – Interlocutory application for summary judgment – Whether summary judgment ought properly to be granted in favour of the claimant on the claim – Whether summary judgment ought properly to be granted in favour of the ancillary claimant on the ancillary claim – The approach of the court in dealing with an application for summary judgment – Whether the defence to the claim has a reasonable prospect of success – Whether the defence to the ancillary claim has a reasonable prospect of success - Burden – Burden of proof – Standard –
Fletcher, Samantha v Jamaica Racing Commission
Judicial Review – Claim for judicial review – Illegality – Error of law – Whether the operations stewards were duly authorized to investigate the claimant for failing to take all reasonable and permissible measures throughout a race to ensure that a horse that she was riding was given the best possible placing in the race – Whether the operations stewards were duly appointed authorized persons by the commission – Whether the operations stewards were duly issued with certificates of appointment as required by statute.
Watson, Rohani v Irving, Calvin
Negligence – Motor vehicle collision – Vehicle parked on the roadway approaching a bend or curve in the roadway – Vehicle attempting to move around parked vehicle – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road Code – Breach – Effect – Breach creating no presumption of negligence – Road Traffic Act, sections 51(2), 53(1), 95(3), Island Traffic Authority Road Code, Part 2 – 35, 39(b), (c), (d) and (e) and 40
Ellis, Claudette v Banbury, Constable and the Attorney General of Jamaica
Tort – Wrongful interference with goods – Detinue – Conversion – Whether there was a wrongful taking, detaining and disposal of the claimant’s property
Williams, Terrence v Rowe, Det. Sgt. Patrae, Tameca Thomas (In their representative capacity for and on behalf of the Jamaica Police Federation and Det. Sgt. Patrae Rowe
Defamation – Press release containing defamatory imputations against the claimant – Meaning of words published – Implications – Innuendo .
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendants is relevant.
Defence – Defence of fair comment – Defence of qualified privilege.
Damages – Principle of compensation to an individual claimant – The Defamation Act, 2013, sections 2, 3, 20(2), 20(3), 21(1), 30(1) and 30(2).
Newman, Garnet (Administratrix of the Estate of Claris Crawford-Thomas, deceased) v Crawford, Consie and Alfred Crawford et al
Civil Procedure – Res judicata – The doctrine of res judicata – Issue estoppel – The doctrine of issue estoppel – Whether the instant claim is a collateral attack on a previous order of the court – Whether the instant claim offends the doctrine of res judicata – Whether the claim offends the doctrine of issue estoppel – Whether the formalities for the sale of land have been satisfied in respect of the purported sale and purchase of the subject property – Intestates’ Estates and Property Charges Act, sections 2(1) and 4(1), Interpretation Act, section 41
Charley's Windsor House Limited v Prime Minister and Minister of Economic Growth & Job Creation
Judicial Review – Claim for judicial review – Availability of remedy – Certiorari – Application for the grant of an order of certiorari to quash the decision of the minister with responsibility for town and country planning – Mandamus – Application for the grant of an order of mandamus to compel the minister with responsibility for town and country planning to grant the application for building and planning permission to construct a fuel station and convenience store – Whether the decision to refuse the application is unreasonable – Whether the defendant failed to comply with the statutory
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