The Hon. Mr. Justice David Batts

Rutar Limited v Jamaica Civil Aviation Authority

Tort - Breach of Statutory Duty - Negligence - Whether oral permission granted for aircraft to be serviced outside jurisdiction - Whether certificate of airworthiness ought to be renewed - Whether delay in renewing result of negligence or malice - Whether claim for breach of statutory duty possible.

National Housing Trust v Marksman Limited and Robert Epstein

National Housing Trust Act - National Housing Trust (Contributions) Regulations,1979 - Whether an employer-employee relationship exists between security guards and the 1st Defendant –Whether 1st Defendant liable to Claimant for employer’s contributions - Whether the 2nd Defendant is a responsible officer within the meaning of the Act - Whether remedies barred due to laches, estoppel, waiver and/or acquiescence - Whether declaratory relief may be granted without retroactive effect.

Phoenix Printery Limited v Ashcar Printing Solutions Limited

Civil Practice – Application to vacate committal order - Defendant company judgment debtor - Order for payment made against company - No enquiry into assets of company or its ability to pay – Whether jurisdiction to make committal order against director.

Fulton, Sally v Ramson, John, Susan Silvera and Christopher Ramson et al

Civil Practice - Appointment of expert witnesses - Disclosure of documents -Whether expert has to be independent - Whether expert qualified by experience -Whether two experts to be permitted to give evidence on same issue - Whether real likelihood of bias - Whether documents requested directly relevant – Observations on meaning of “legal vacation”.

Chas E. Ramson Limited v Ramson, John, Susan SIlvera and Christopher Ramson et al

Company Law - Derivative action - Application to have company pay costs of derivative action - Application to strike out or stay derivative action – Whether matter of costs discretionary - Whether fair and just - Whether court having granted permission to bring claim an application for summary judgment is maintainable - Whether company articles permit an indemnity to directors - Whether section 201 of Companies Act prohibits indemnity.

Parchment, Byron v SCJ Holdings Limited

Assessment of damages - Fixed term lease terminated – Land owned by the state – Land Acquisition Act – Improvements – Fixed assets – Crops – Measure of damages – Other occupants – Whether cost to evict should be borne by tenant – Whether issues related to liability relevant when assessing damages.

Neville L. Daley & Company v H & H Ventures Limited

Application to strike out claim - Building contract - Arbitration agreement - Neither party now seeks arbitration - Whether reference to arbitration time barred-Whether court has jurisdiction to try the issue – Earlier claim filed but not served and now expired-Whether an abuse of process to bring another action - Observations on attaching documents as a schedule to affidavits.

James, Rohan and Murphy, Nigel (on behalf of the members of the Jamaica Police Federation et al v Ministry of Finance and Public Service, Commissioner of Police and the Attorney General

Constitutional Relief- Heads of Agreement – Whether binding contract – Whether legitimate expectation – Whether jurisdiction to grant declaratory relief if claim not contested – Whether breach waived – Whether mandatory order possible – Whether award of damages appropriate- Observations on the nature of declaratory relief



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