The Hon. Miss Justice Carole Barnaby

Newman, Atoya v Howell, Duwayne

Matrimonial Property - Property Rights of Spouses Act - Spouses acquired home as joint tenants prior to marriage - Application to vary equal share rule - Marriage of short duration - Considerations - Unavailability of commercial interest for sums paid towards mortgage by one party after date of separation.

Marlie Technology Park Limited and Geotechvision Enterprises Limited v Sagicor Bank Jamaica Limited

Civil Procedure - In limine objection to further consideration of interim injunction granted ex parte - no order made by the court for the filing and service of claim form by specified date - applicant gave an undertaking in it application for without notice interim injunction to file and serve claim by a specified date - applicant failed to comply with own undertaking - court orally advised of the filing of claim form on the day of the hearing but not served on respondent at the time of the hearing - whether court is prevented from considering application further.

Labeach, Allessandra v Powell, Anthony and Advantage General Insurane Company Limited

Civil Procedure - Whether insurer has the right to intervene or must obtain the leave of the court - Sufficiency of interest - Defendant deceased when insurance policy in respect of motor vehicle renewed by the insurer - Whether insurer should be permitted to intervene to set aside default judgment in the absence of notice or permission of the Defendant’s Estate as policy holder - Identity of the person who applied for renewal of policy of insurance not disclosed by the insurer.

Brown, Janette (As Executor of Estate of Clayton Roy Turner and in her perosnal capacity) v Cambell, Joscelyn and Duncan, Dazeil et al

Civil Procedure - CPR 26.3 - Application to strike out statement of case - Discloses no reasonable ground for bringing claim - Constitutional right to privacy of information - Building society and employees’ duty of confidentiality - Disclosure exceptions - Own interest and required by other law.
Application for indemnity costs on abandonment of the application for summary judgment at the hearing of application.



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Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023