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.
L-3 Communications Corporation (Trading as Prime Wave Communications) v Go Tel Communications Limited and Neil, Enos et al
Civil practice and procedure - Notice of application for summary judgment - Rule 15.2 (b) of the Civil Procedure Rules - Whether defence has a realistic prospect of success - Whether the Claimant should be permitted to rectify documents to insert its name as the contracting party.
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.
J. Wray & Nephew Limited v Commissioner of Taxpayer Appeals Department (Now Revenue Appeals Division, Ministry of Finance & Planning)
Revenue appeal - Respondent's notice of application to strike out appeal for the appellant's failure to comply on time with the pre trial review orders - Rule 26.3(1) (a) of the Civil Procedure Rules - Whether striking out the most appropriate sanction - Appellant's notice of application for extention of time to comply with pre trial review orders.
Thompson, Keo v Johnson, Valbert; Wright, David and Brown, Phillip
Civil Practice and Procedure - Notice of Application to file Ancillary Claim - Rule 18.5 of the Civil Procedure Rules - Whether Ancillary Claim statute barred - Law Reform (Tort-feasors) Act.
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.
Cunningham, Christopher v Ewan, Debulin, Baker, Clayton and Ferguson, Rodville
Civil Practice and Procedure - Notice of Application for Interim Payment - Part 17 of the Civil Procedure Rules - Rules 17.5 and 17.6 of the Civil Procedure Rules - Principles to be considered by the Court.
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 ProcedureNotice 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.