NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



The Hon. Mr. Justice Kirk Anderson

Dodd, Clifton v Insurance Company of the West Indies

Interpretation of contracts – Applicability of arbitration clause – Meaning of ‘difference’ in the context of an arbitration clause – Summary Judgment – Whether the matter is one for summary judgment.

Williams, Ellen v Strata Appeals Tribunal, Commission for Strata Corporations and Jackson, Josina

Statutory Interpretation - Meaning of ‘shall’ in paragraphs 13 and 14 of the First Schedule of the Registration (Strata Titles) Act - Whether the Commission for Strata Corporations can hear disputes between proprietors under section 3B (1) (c) of the Registration (Strata Titles) Act - Judicial Review – Certiorari - Irrationality/ Unreasonableness - Whether the tribunals acted unreasonably - Natural Justice - Duty to act fairly - Legitimate Expectation - Whether there was an expectation that is legitimate – Burden of Proof – Standard of Proof

Robinson, Hilton v King, Aaron; Anderson Robinson

CLAIM FOR DAMAGES FOR MALICIOUS PROSECUTION – WHETHER CLAIMANT WAS MALICIOUSLY PROSECUTED – WHO PROSECUTED THE CLAIMANT – WHETHER 2ND AND 3RD DEFENDANTS CAN PROPERLY BE HELD INDIVIDUALLY LIABLE – WHETHER THE 2ND OR THE 3RD DEFENDANT PROSECUTED THE CLAIMANT WITHOUT ANY REASONABLE AND/OR PROBABLE CAUSE – PROSECUTOR WHO IS A POLICE OFFICER HAVING ACTED ON INSTRUCTION OF CLERK OF COURT – ASSESSMENT OF DAMAGES FOR MALICIOUS PROSECUTION

Bariffe Hall Development Ltd. v National Housing Trust

APPLICATION TO STRIKE OUT CLAIM – WHETHER CLAIM IS STATUTE-BARRED – WHETHER CLAIM IS FOR BREACH OF CONTRACT OR INSTEAD, FOR RELIEFS PURSUANT TO A MORTGAGE AGREEMENT WHICH OUGHT TO HAVE BEEN DISCHARGED – LIMITATION ACT DEFENCE

OMeally Johnson, Dorrett v Medical and Immuniodiagnostic Laboratory Limited, Timos Trading and DJH Inc.

Claim for damages for negligence – Occupiers’ liability – Application to strike out claim – application for summary judgement – Ancillary claim – Application to strike out – Distinction between application for summary judgment and application to strike out claim on the ground that the claimant’s statement of case discloses no reasonable grounds for bringing a claim – Distinction between application for summary judgment and application for default judgment – Ancillary claimant’s statement of case not verified by a certificate of truth – Whether ancillary claimant’s statement of case should b

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.

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