Francis, Kern v Depass, Peter; Francis, Kern and Williams, Monique
Negligence - Traffic accident - Two vehicles approaching separate sstop signs at separate intersections - Claim for damages for negligence - Ancillary claim for damages for negligence - Duty of driver when vehicle being driven by that driver has right of way - Countercliam and ancillary claim - Whether countercliam and ancillary claim should both be comprised in a single Court document.
Cammock-Gayle, Melody v Urquhart, Heather
Application for summary judgment - Registration (Strata Titles) Act - Whether claim should have been instituted against strata corporation rather than the 1st. defendant - Legal approach to be adopted by court in respect of summary judgment applications - Whether strata plan was a duly regsitered strata corporation.
Wright, Geraldine v Burton, Steve and The Attorney General of Jamaica
Breach of contract - False imprisonment - Malicious prosecution - Claims for damages for false imprisonment and malicious prosecution instituted against civilian complainant
McMorris, Donovan v Bryan, Maurice
False imprisonment – Malicious prosecution – Whether claimant can be held liable as a private individual who neither arrested, imprisoned criminally charged nor directly prosecuted the claimant – Application to strike out claimant's statement of case.
McGaw, Dwayne v Jamaica Infrastructure Operator Limited and United Management Services Limited
Civil Procedure Rules (CPR) , R. 27.8 (4) – Interpretation – Need for compliance with Case Managment timetables – Importance of attendance of party at Case Management Conference – Exercise of Court's discretion.
Matthews, Gladstone v Campbell, Errol; Crazy Max Distributors Ltd; Weston Taylor et al
Application to set aside default judgment - Pre-eminent consideration is whether affidavit evidence of applicant and disclosed a defence a defence which has a realistic prospect of success
Hyde, Victor v E Phil & Sons A S Ltd. and the Attorney General of Jamaica Consolidated with Stewart, Mitsy v E Phil & Son A S Ltd. and the Attorney General of Jamaica
Court's consideration as to whether it should make a striking out order on its own inititative - Distinction between application to strike out on ground that statement of case of defendant discloses no reasonable basis for defendint the claim and an application for summary judgment on ground that defence has no realistic prospect of success - Summary judgment cannot be obtained against the crown - Striking out order only to be made in plain and obvious cases
Spence, Clynice v Wint-Blair, Her Honour Mr. Sonya
Judicial review – Application for certiorari and mandamus – Issue of bias – Actual bias – Real likelihood of bias – Presumptive bias – Waiver of bias – Whether magistrate obliged to preside over case in circumstance where bias waived by disputing litigants – Basis upon which exercise of judicial discretion can be successfully challenged in judicial review proceedings
Harrison, Ruth Olga and Harrison, Patrick v Wilson, Deata; Harrison, Roxanne; Wilson, Denni et al
Application for injunctive relief order to be extended in time – Application for injunctive relief order granted ex parte, to be discharged – No power to extend injunctive relief which has been discharged due to lapse of time – Basis for seeking injunctive relief, ex parte.
Michel, Stanley Gabriel Marzo v Banton, Bonnetta and Reid, Desroy
Application for interim payment - Application for summary judgment - Contested issues of fact between opposing defendants who have counterclaimed against each other - Contested issues of fact between defendants and claimant - Legal principles to be applied.
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