The Hon. Mr. Justice David Fraser

Hayles, Lorna v The Attorney General of Jamaica

Breach of statutory duty – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Breach of common law duty to drive with reasonable care – Failure to keep a proper look out – Negligence – Breach of duty of care – Damage foreseeable – Special damages to be both pleaded and strictly proved

Mattar, Saed v Salmon, James

Sale of Land – Verbal agreement for sale of land - Whether valid agreement for sale – Whether elements of a valid tenancy agreement as part of sale agreement - Whether sufficient acts of part performance by party – Equitable remedy of specific performance – Circumstances where previous order may be varied or revoked

Menzie, Winston v Ellis, Charmaine and Willis, Tyrone

Burden of proof on claimant to establish that vehicle and driver involved in accident correctly identified and that correct party is before the court based on the principles of vicarious liability and the separate legal personality of a company. Importance of statement being in compliance with rule 29. 4 (2) of the Civil procedure Rules when a witness is illiterate

Rickards, David and McCreath, Andrew v Motta, Constable Cheston and the Attorney General of Jamaica Consolidated with Sterling, Jacqueline et al

Motor vehicle accident – Doctrine of Res Ipsa Loquitur inapplicable where there is evidence of how accident occurred – No case submission where defendant not put to election – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Evidence of Accident Reconstruction Experts

Williams, Lamar v Image One Limited

Employer’s Liability – Components of duty of care owed by an employer to an employee – Whether employee contributorily negligent – Quantum of Damages for injuries including electric shock

Neil, George v The Attorney General of Jamaica, Office of the Utilities Regulation and Spectrum Management Authority

Claim of Public Interest Immunity – Duty of the court to balance competing aspects of the public interest in the administration of justice versus limiting disclosure to preserve national security – Minister’s Certificate should be given significant weight but is not conclusive – Three stage test to determine effectiveness of Certificate, relevance of documents sought to be withheld and whether documents if relevant should not be disclosed to avoid substantial harm to the public interest

Butler-Gilpin, Lynette v Cleveland Resorts Limited trading as El Grego Resort and Vanguary Security Limited

Whether the 1st and 2nd defendants were joint or concurrent tortfeasors – classification of the defendants as joint or concurrent tortfeasors is ultimately not significant in this case – critical factor in determining whether settlement with 1st defendant bars continuation of the claim against the 2nd defendant is the nature and intendment of the settlement – no evidence to substantiate that settlement was in partial not full satisfaction of claim – basic rule/principle, that settlement extinguishes claim against other tortfeasor, which prevents the injustice of double recovery, is not disp



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