Valley Slurry Seal (Caribbean) Limited and Lewis, Earl v Valley Slurry Seal Company and Reed, Jeffrey
Company law - derivative action - Section 212 of the Companies Act - Need to seek court’s leave - Want of jurisdiction without leave - Service on defendants abroad - Need for strict compliance with rules – Rules 11.15, 9.6, 7.7 and 5.12 of the CPR - Civil practice and procedure - Striking out-rule 26.3 of the CPR.
McFarlane, Violet, Campbell, Igol v Eugster, John, Eugster, Kathleen et al
Adverse possession - Individual claims to possession of many distinct portions of land within large expanses of registered land - Section 3, 30 of limitation of actions act - claim to over 12 years possession but no application to become registered under section 85 of registration of titles act - registered ownership of land changing - Section 68,70,71,85,161 of registration of titles act - When does time begin to run - Conclusiveness and indefeasibility of registered title - Meaning of "subsequent operation of any satute of limitation"
Smith, Winston and Pleasurephonics Limited v Scott, Constantine and Scott, Croswell et al
Property dispute – Claim to equitable interest – Claim to entitlement to apply for letter of administration.
San Souci Limited v VRL Services Limited
Practice and procedure – Application to strike out – Abuse of process – No reasonable ground for bringing claim – Rule 26.3(1)(b) and 26.3(1)(c) CPR – Arbitration proceedings – Issue estoppel and res judicata.
Richardson, Dorrett v Richardson, Ernest
Matrimonial property - Consent order - Whether consent order constitutes a contract between the parties, if so in what terms - Partition Act - Where consent order provides remedy upon default of one party’s obligation, whether court enabled to reopen the question of share of entitlement in property
R A. Murray International Limited v Goldson, Brian
Arbitration proceedings-section 12(1) of the Arbitration Act - Removal of arbitrator for misconduct - Meaning of “misconduct”- Matters that may properly be taken into account - removal of arbitrator for apparent bias – Whether real danger of bias.
Ofer, Raziel v Thomas, George and George Thomas & Col. Et al
Practice and Procedure - Costs - Whether to be taxed immdiately - Whether special costs certificate to be granted.
Brown, Farren and Brown Victoria v Mandolin Investment Group LLC and Metro Funding Corp
Vendors mortgage - Priority of mortgages - Registration - Equitable mortgage - Meaning of 'All Monies'' clause in mortgage - Rights of foreclosure, Possession,redemption
Air Jamaica Limited v Stuarts Travel Service Limited and J.F Stuart et al
Application to make provisional charging order final principles involved – Whether charging order in relation to land must inevitably lead to writ of execution in the form of order for sale of land – Whether judgment creditor must seek the courts permission to apply for provisional charging order when over six years have passed since entry of judgment – what comprises judgment debt
Jamaica Money Market Brokers Ltd v JMMB International Ltd, Pradeep Vaswani & Santoshi Ltd
Evidence - Admissibility of documents - Rule 28.19 of the CPR - Meaning
of authenticity - Whether documents admissible without more when
recipient of disclosed document does not serve notice to prove
document - Whether objection on grounds of hearsay can still be taken
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