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
Jebmed S.R.L v Capitalease S.P.A. Owners of M.V. Trading Fabrizia Consolidated with Elburg Ship Management, 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
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