LIVE STREAM: Phillip Paulwell V Attorney General of Jamaica


Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgments and efficient court services in an environment where all stakeholders are valued.

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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Strategic Plan

Strategic Plan for the Jamaican Judiciary 2024-2028