Elburg Ship Management v Enterprise Shipping Agency, Capitalease S.P.A and the Motor Ship Trading Fabrizia
Admiralty law - Application to be added as an interested party Judicial sale of Maltese vessel on the application of the mortgagee – Vessel sold to the applicant free of encumbrances - Vessel subsequently arrested in Malta in respect of the same mortgage debt - Judicial sale in Jamaica not recognized by Maltese court – Mortgage debt paid by purchaser to secure vessel’s release - Rule 70.11 of the Civil Procedure Rules, 2002 Admiralty law - Judicial sale – Distribution of the proceeds – Section 89 (2) of the Shipping Act and rule 70.13 (9) of the Civil Procedure Rules, 2002
Independent Commission of Investigations and Errol Chattoo (Director of Complaints (Western Region) The Independent Commission of Investigations v Hart Hines, Natalie Parish Judge Saint James Parish Court
Judicial review - Committal proceedings - Proceedings conducted int he absence of an order - Judicature (Parish Courts) Act, S. 272 and Committal Proceedings Act, S. 3.
Committal proceedings - Duty of the Parish Court Judge - Whether the proceedings are inquisitorial or adversarial - Judicature (Parish Courts) Act, S. 64 - Admissability of statements - Whether statements taken prior to the commencement of the Act need to be retaken by a member of the Jamaica Constabulary Force - Committal Proceedings Act, S. 21(4)(a).
Allen, Catherine v Guardian Life Limited, Eric Hosin, Eckley Limited, Central Bank of Trinidad and Tobago et al
Summary judgment - Civil Procedure Rules 2002, rule 15.2 (a) - Civil procedure and practice - Application to strike out statement of case - Abuse of process - Res judicata - Civil Procedure Rules 2002, rule 26.3 - Costs - Interlocutory proceedings - Application for costs on an indemnity basis- Application for immediate taxation - Civil Procedure Rules 2002, rules 64.6, 64.12, 64.15 and 64.17 (1) and (3)
Robertson, George v Dowe, Sonia and Administrator General
Land law – Recovery of possession – Oral agreement for sale – Whether the deceased paid the purchase price – Statute of Frauds, section 4
Land Law – Whether deceased acquired possessory title – Registration of Titles Act, section 68 – Limitation of Actions Act, sections 3 and 30
Equity - Proprietary estoppel
Contract for sale of land – Part performance
Traille Caribbean Limited v Cable & Wireless Jamaica Limited
Civil procedure and practice - Application for security for costs – Companies Act, section 388 – Civil Procedure Rules, 2002, rule 24.2
Gerogics Investments Limited v JMMB Merchant Bank Limited
Mortgage - Power of Sale – Whether the striking out of a claim is a bar to the enforcement of a mortgagee’s power of sale.
Hill, Oreth v Super Plus Trucking and Equipment Limited
Negligence - Employer’s duty of care – Safe system of work - Whether there was a
breach of that duty
Cameron, Kerrikay and Robinson, Bryan et al v Caribbean Airlines Limited
Civil procedure - Application for summary judgment – Civil Procedure Rules, 2002, rule 15.2
Civil procedure - Application to strike out claim – No reasonable ground for bringing the claim – Civil Procedure Rules, 2002, rule 26.3(1)
Air Law – Claimants removed from the aircraft - Whether the claim falls under the Montreal Convention – Montreal Convention, articles 1, 2,17 and 29
Virgo, Dale and ZV v Board of Management of Kensington Primary School, Minister of Education, Attorney General of Jamaica and Office of the Childrens Advocate
Constitutional law –– Freedom of expression – Freedom of religion – Equality
before the law – Right of every child to such measures of protection as are required
by virtue of the status of being a minor as part of the family – Right of a child to
publicly funded tuition in a public educational institution at the pre-primary and
primary levels – Equitable and humane treatment – Respect for and protection of
private and family life and privacy of the Home – Freedom from discrimination –
Williams, Wilton v Ajas Limited
Civil procedure - Application to strike out claim - No reasonable ground for bringing the claim – Civil Procedure Rules, 2002, rule 26.3(1)
Civil procedure - Application for summary judgment - Civil Procedure Rules, 2002, rule 15.2
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