Bailey, Jairzenho v The Board of Management of the College of Agriculture, Science and Education (CASE)
Breach of Rules 9.3(1) and 10.3(1) of the Civil Procedure Rules (CPR) - Whether a default judgment has been entered against the defendant, and if so, whether the court should set it aside and/or stay its execution - Application for extension of time to file defence - Whether the length of the defendant’s delay is inordinate - Whether the defendant had a good reason for not filing and serving its defence and acknowledgment of service within the time prescribed - Whether the pre-litigation communication dated May 12, 2021 from the defendant to the claimant was ‘without prej
Honeywell, Earle v Donald Stephenson and BCIC Insurance Company Limited
Application for rectification of contract - Alleged mistake when drafting third party release agreement - Whether the third party release agreement as executed between the claimant and 2nd defendant evinced the true and common intention of the parties - Whether common or unilateral mistake was made in the drafting and preparation of the agreement - Whether the court can exercise its equitable jurisdiction to rectify the instrument of agreement to reflect the true and common intention of the parties - Whether the agreement should be set aside - Whether the agreement as executed by the partie
Evans, Nadiea v National Commercial Bank Limited
Claim for recovery of damages for false imprisonment and malicious prosecution
- Whether the defendant had imprisoned the claimant or whether the claimant was detained by the police - Whether the claimant was imprisoned in the absence of reasonable and probable cause - Whether the defendant
had prosecuted the claimant - Whether the claimant was prosecuted in the
absence of reasonable or probable cause - Whether the prosecution of the
claimant was actuated by malice.
Williams, Norman v Townsend, Gloria (Deceased, Christopher Townsend, Administrator ad litem) and Carlton Hutchinson
Application to set aside default judgment – Alleged failure to serve claim form - Whether a delay in filing the application should result in the failure of the application – Whether the defendant has a defence which has a realistic prospect of success - Whether a draft defence attached to an affidavit is sufficient – Hearsay
Brown, Carlton v Attorney General of Jamaica and Constable Clive Nicholson
Assault - Battery – Shooting by police officer – Self defence – Burdern of proof in respect of self defence in civil cases – Trespass to goods – Conversion - Detinue – Negligence – Assessment of damages
Re Legal guardianship of JDR
Application for guardianship order – Applicant who is a close blood relative of the relevant child – Applicant resides overseas – Child’s biological mother purportedly
Peterkin, Arlene v Natural Resources Conservation Authority, Town and Country Planning Authority and National Housing Trust
Judicial Review – Statutory interpretation – Illegality – Whether the authority acted illegally –Irrationality – Whether the authority acted irrationally – Whether illegality and irrationality are equated in law – Effluent(s) – Absence of meaning in the Act – Use of a dictionary meaning – Secondary dictionary meaning – Environmental permit – Environmental licences – Object and purpose of the statute – Relationship between primary and subsidiary legislation – Presumption of correctness in statute – Whether provisions are mandatory or discretionary – Whether regulations are ultra vires t
EVDC Invest S. A. and Fish & Co. S.A.S. v B & D Trawling Limited and Muxton Limited
Application to challenge the jurisdiction of the court – Acknowledgement of service filed – Whether there exists a binding agreement between the parties albeit unsigned – Whether Jamaica is forum conveniens – Whether the court should exercise its discretion to allow the hearing of the matter to continue in Jamaica
Smith, Sonia, Donovan McKenzie and Jennifer Williams-Livingston v Kingston and St. Andrew Municipal Corporation and the Natural Resources Conservation Authority
Application for leave to challenge environmental, planning and building permits granted by Kingston and St. Andrew Municipal Corporation - Multi-family development - Grounds for application - Bias – Irrationality - Illegality - Natural Resources Conservation Authority Act - Building Act
Fullwood, Winnifred v Curchar, Paulette and The Registrar of Titles et al consolidated with Re the Intestate Estates and Property Charges Act and Winnifred Fullwood
Claim for an equitable interest – Proprietary estoppel – Promissory estoppel Claim for beneficial interest – Burden and standard of proof – Adverse possession against a party who no longer has title – Claim based on adverse possession – Whether claimant was a licensee - Whether the provisions of PROSA apply to disputed property – Proprietary/Promissory estoppel – Application for a declaration of spouse – Whether the deceased was a single man for the material period – Credibility of witnesses – Costs – The appropriate costs order to be made in respect of these matters
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