Imperial Suites Hotel Limited v Johnson, Leroy
Application for striking out of Defence and/or Summary Judgment – Whether there exists reasonable grounds for defending the claim pursuant to rule 26.3(1)(c) of the Civil Procedure Rules or a real prospect of successfully defending the claim pursuant to rule 15.2(b) of the Civil Procedure Rules – Defendant lacking locus standi as either shareholder or creditor of company to defend action on behalf of company – The company was the mortgagor and has a separate legal personality – Only the company has the legal standing to challenge the transfer of title pursuant to mortgagee’s power of sale –
The Queen v Green, Kimeo
The Evidence (Special Measures) Act, 2012 - The Evidence (Special Measures) (Criminal Jurisdiction) (Judicature) (Supreme Court) Rules, 2016 - Application for main witness to give evidence by live link - Appropriate circumstances for use of special measure of live link - Definition of vulnerabe witness - Witness said to be in fear but no allegation of actual threat - Right of accused to a fair trial - Credibility significant issue - Risk of incurable prejudice of the accused - Overall interests of the administration of justice.
Wilkins, Ricardo v Powtronics Electrical Integrated Technology Limited and Ferguson, Donald et al
Assessment of Damages – Causation – Apportionment of damages where injuries suffered in separate incidents and defendants sued only liable for one incident – Effect of non-disclosure by claimant of involvement and injury in other incidents
Wilkins, Ricardo v Powtronics Electrical Integrated Technology Limited et al
Notice of application for court orders
Davis, Marlene v Davis, Hugh Ashley
Date of separation - Divisin of family home - Equal share rule - Partnership of equals - Variarion of equal share rule - Unjust - Unreasonable - Factors to be considered - What is fair and just in the circumstances - Contribution - Other factor - Ownership of other property - Burden of proof - Division of property other than family home - Occupation rent - Mense profit - Definition of property - Inherent jurisdiction.
Cameron, Mervin v Attorney General of Jamaica No. 2
Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken
Spur Tree Spices Jamaica Limited v The Minister of Labour and Social Security
Accusation of theft –Summary dismissal of employees – Failure to comply with the
Labour Relations Code – Offer of reinstatement – Meaning of reinstatement in fact
and law – Disciplinary hearings on same facts which triggered improper dismissals
– Propriety of condition subsequent to reinstatement – Definition of industrial
dispute – Whether there was an extant industrial dispute at time of Minister’s
referral – Need for second complaint after second dismissal – Minister’s referral
Regina v Howitt, Lenworth
DNA Evidence Act 2016 − Non-intimate sample sought from accused − Accused
consented then withdrew consent to provide sample − Whether Court order
required for the taking of a non-intimate sample from an adult who does not
consent − Whether sample can only be taken during the “investigative stage”
before a defendant has been charged and placed before the court − Interpretation
of Sections 2, 15, 20 and 25 of the Act.
Cameron, Mervin v Attorney General of Jamaica
Constitutional law – Allegations of violation of right to trial within a reasonable
time – Whether violation of reasonable time standard results in grant of stay
automatically – How analysis is to be done – Factors to be considered when
determining whether reasonable time standard violated – Consequences of
violation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) and 16
(1) – Canadian Charter of Rights and Freedoms, Section 11 (b)
Peralto, Neville and Chin-Peralto, Carla v COK Sodality Co-operative Credit Union Ltd.
Application for prohibitory and mandatory injunctions - Ultimate test for grant - Court should adopt the course that will cause the least irremediable prejudice to one or the other party - Adequacy of damages - Balance of convenience - No exceptional circumstances justifying departure from Marbella principle - Effect of delay on application for injunctive relief - Disirability of preserving status quo.
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