The Hon. Mr. Justice Kirk Anderson

Pentium Holdings Limited v Morris, Bryan and Island Construction Ltd. and Plexus Limited

Claim for damages for breach of contract and/or negligence – Whether claim under both heads can properly be pursued – Contract for architectural services regarding office renovation project – Separate contract for construction services regarding office renovation project – Implied terms– Whether 1st defendant should be held personally liable for negligence – Scope of duty of care owed by architect to claimant – Whether 3rd defendant owed duty of care to claimant to carry out any of the duties particularized in the claimant’s second further amended particulars of claim – Ancillary Claims.

McFarlane, Winsome v McFarlane, Earl

Marital property dispute - Service of claim documents on defendant overseas - Whether claim is statute-barred - Practice and procedure - Mandatorily expressed provisions of Civil Procedure Rules (CPR) - Interpretation - Applicability of Rule 26.9 of the CPR - Dispute as to Court's jurisdiction to try claim.

The Assets Recovery Agency v The Administrator General of Jamaica (Administrator of the estate of Yowo Morle, deceased) v Clarke, Hazel and Morle, Nomora

Earlier claim struck out arising from breach of unless order – Whether subsequent claim made on same basis as earlier claim is an abuse of process – Constitutional rights of access to court for resolution of disputes – Need for there to be appropriate use of the court’s limited resources – Proceeds of crime case – Need for party in default of compliance to file affidavit evidence

Blackstock, Jean v Digicel Jamaica Ltd.

Claims by former employee for damages for sexual harassment and breach of contract - Whether claim for damages for sexual harassmenet is statute-barred - Estoppel - Whether share option agreement was modified.

Goulbourne, Karren v Associated Gospel Assemblies

Claim for specific performance of a 15 years lease agreement - Claimant's interim application for injunctive relief - Rent Restriction Act - Certificate of exemption - Notice to quit occupation of premises - Failure on the part of the tenant to pay rent when due - Whether notice to quit is valid - Presuption against retrospective operation of legislation - Undertaking as to damages - Failure of claimant to provide undertaking as to damages - Failure of defendnat to provide any undertaking.

Taylor, Robert v Captain's Watersports Limited

Application for summary judgment - The Principles to be considered upon an application for summary judgment - Contractual agreement excluding liability for negligence - Whether the Consumer Protection Act applies - Section 37 of the Consumer Protection Act - Whether the claim was properly instituted - Application for security for costs - Consideration of the Court in respect of an application for security for costs.

Boothe, Wayne and Boothe, Denise v Digicel (Jamaica Ltd.)

Claim for damages for breach of contractual agreement related to use and occupation of property and for defamation - Lease agreement - Breach of covenant of quiet enjoyment - Ancillary claim - Credibility of witnesses - Whether alleged defamaory words were said and whether those words are defamatory.

Johnson, Sephlene Anne v Johnson, Clarence George

Civil procedure - Notice of application of court orders - Whether judge of concurrent jurisdiction can vary an earlier court order made by that same court, if so, in what circumstances - Consent order - Whether claim is 'res judicata'.

 

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