The Hon. Mr. Justice B. Andrew Rattray

McMain, Beverley v Carby, Trevor Anthony

Family Law — Section 13 of the Property (Rights of Spouses) Act - Fixed Date Claim Form filed seeking division of matrimonial home and an extension of time to make claim out of time - No separate Application filed seeking an extension of time -
Validity of Fixed Date Claim Form.

Neil, Vanetta v Halstead, Janice

Civil practice and procedure - Notice of application for court orders to strike out claim - Rule 26.3 (1) (b) of the Civil Procedure Rules - The Limitation of Actions Act 1881 (Jamaica) - English Limitation Act of 1623 21 James 1 Cap 16 - English Limitation Act 1980 - The Interpretation Act - Whether the claim is statute barred and an abuse of the process of the Court.

Forrest, Medine v Walker, Kevin Anthony and Pitt, Jhanelle Sabrina

Civil Practice and Procedure - Notice of application for summary judgment - Rule 15.2 (b) of the Civil Procedure Rules - Whether the defence has a realistic prospect of success - Whether the defence contains bare denial and in breach of Rule 10. 5 of the Civil Procedure Rules.

Salmon, Marsha v Scott, Neville

Civil Practice and Procedure - Oral application to strike out claimant’s statement of case for breach of order of the Court - Rule 26.3 (1) (a) of the Civil Procedure Rules - The Property (Rights of Spouses) Act - Extension of time not sought or granted before the claim was filed - Validity of the claim.

Francis, Avadawn v Malcome Audley et al

Civil Practice and ProcedureNotice of Application to set aside Default Judgment - Rule 13. 3 of the Civil Procedure Rules - Principles to be applied in setting aside a Default Judgment.

Sadler, Canute v Thompson, Dereick Michael et al

Civil Practice and Procedure - Costs - Default Costs Certificate obtained against the Defendants - Defendants’ Notice of Application to set aside Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules - Factors the Court should consider in setting aside Default Costs Certificate.



Matrimonial Proceedings

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Strategic Plan for the Jamaican Judiciary 2019-2023