Vassell, Jordan (Suing by father and next friend Seymour Vassell); Vassell, Seymore v Proprietors Strata Plan Number 397
Negligence - Duty of care - Causal connection between damage and breach of duty
– Res ipsa loquitur - Occupier’s Liability Act.
Barnes, Arva and Hall, Everton v Campbell, Launa
Land law - Recovery of possession – Adverse possession – Whether claim filed after expiry of limitation period – When does right to bring claim accrue – Whether claimants dispossessed defendant – Whether defendant in legal possession of property - Limitation of Actions Act ss. 3 and 30. Registration of Titles Act ss. 68 and 88.
Austin, Dale v The Public Service Commission and The Attorney General of Jamaica
Judicial Review - Engagement and dismissal of crown servants - Public Service Commission - Public Service Regulations - Staff Orders
Hewitt, Trevor v Hewitt, Arlene
Division of [matrimonial property] - Family home – Whether property falls within the definition of the family home – Other property – Whether court can treat with claim as if made for division of property other than the family home – Relevant considerations. Property (Right of Spouses) Act sections 2,13 and 14.
Freckleton, Jerome v The Attorney General of Jamaica and Det. Sgt. Puddie, Maurice
Tort - Malicious prosecution -Whether claimant proved damage - Claimant identified while in holding area - Whether reasonable and probable cause to prosecute - False imprisonmnet - Whether initial arrest lawful - Claimant taken before court several days after being charged - Whether detention unduly long and unexplained - Assault - Claimant not cross-examined - Effect of failure to cross-examine.
Hayles, Clevebert v McFarlane, Gloria May
Adverse possession – Whether defendant’s title to part of her land was extinguished – Whether there were sufficient unequivocal acts of ownership by the claimant – Registration of Titles Act.
White, Hubert v O'Connor, Constable and the Attorney General of Jamaica
Malicious prosecution - Operating a motor vehicle without a road licence - Whether reasonable and probable cause – Detinue - Motor vehicle impounded up to trial of claim - Vehicle ordered released by Resident Magistrate - Written demand for release of motor vehicle after dismissal of case.
Bryan, Yvette v Bryan, Donovan
Family Law - Division of property – Equal share rule- Family home acquired before marriage - Other matrimonial property - Division of properties registered post separation - Entitlement to company shares. Property (Rights of Spouses) Act S. 6 (1) (a), 7 (1), 10, 14 (4) & 15.
The Bank of Jamaica v The Industrial Disputes Tribunal and the Bustamante Industrial Trade Union
Judicial Review - Application for order of certiorari - Whether Industrial DisputesTribunal erred in ordering re-instatement of dismissed worker - Natural justice - Whether disciplinary procedure adopted by employer was fair.
Livermore, Courtney v Russell, Ezekiel Alexander
Damages - Appropriate award for injuries sustained – Claimant sustained injuries to his cervical spine and lumbar spine resulting from a motor vehicular accident – Pre-existing injury to lumbar spine
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