Cobourne, Glen v Coubourne, Marlene
Claim for marital property – Adverse possession – Owners of property own same as tenants-in-common – Whether claimant had possessed property in circumstances excluding the defendant from possession – Presumption of possession in favour of both title holders – Application for an extension of time under Property (Rights of Spouses) Act – Factors to be considered by court upon application for an extension of time to apply to court for division of property.
Nish, Derron v The Commissioner of Police
Judicial review – Reviewing the hearing process of an inferior tribunal – Duty to act fairly – What is fairness – Nature of duty to particularize grounds of claim – Certiorari – Legitimate expectation – Natural justice.
VIP Home for the Aged Limited v Pryce, Maxine
Judgment entered in default of acknowledgement of service – Application to set aside default judgment – Whether application to set aside default judgment was filed as soon as was reasonably practicable – Failure of defendant to challenge ex parte order for service out of the jurisdiction – Mere exhibiting of draft defence and reference to the contents thereof by an attorney, is inadequate – Disputed facts.
Lewis, Tyrone; Blount, Annette and Lewis, Courtney v National Commercial Bank Jamaica Limited
Application for summary judgment – Applicable legal principles – Burden of proof – Mortgagor and mortgagee – Privity of contract – Negligence – Breach of fiduciary duty – Unjust enrichment
Austin, Dale v The Public Service Commission and The Attorney General of Jamaica
Unless order - Striking out of defendant's statement of case - Whether defendants whose case has been struck out can participate in assessment of damages hearing - To whom extent can the defendants whose case has been struck out participate in an assessment of damages hearing - Fundamental rights of defendant - Proportionality of restriction on defendant's rights to objective of striking out the defendant's statement of case.
Lyn's Funeral Home v Fearon, Paul
Application to set aside default judgment - Whether or not default judgment was regularly obtained - Whether applicant can plead inconsistent alternative grounds in support of application - Whether to serve accompanying documents along with the claim form and particulars of claim renders the claims a nullity - How to properly dispute the Court's jurisdiction to try the claim.
Cameron, Mervin v Attorney General of Jamaica No. 2
Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken
Grant-Nelson, Sharon Naomi v Nelson, Naburn
Trial - Family law - Division of propert post separation - Equity - Inapplicability of Property (Rights of Spouses) Act - Presumption arising from having name on title - Alleged pooling of parties' funds - No evidence of childrens' dates of birth - Insufficient evidence of the parties as to maintenance of children - Burden of proof - Whether Limitation of Actions Act is applicable.
Minott, Robert v South East Regional Health Authority et al
CLAIM FOR DAMAGES FOR NEGLIGENCE – CLAIM FOR HANDICAP ON THE LABOUR MARKET – CLAIM FOR LOSS OF FUTURE EARNINGS – MULTIPLIER/MULTIPLICAND APPROACH – LUMP SUM APPROACH – DISTINCTION BETWEEN A CLAIM FOR LOSS OF FUTURE EARNINGS AND A LOSS OF EARNING CAPACITY – HANDICAP ON THE LABOUR MARKET – GENERAL DAMAGES FOR PAIN AND SUFFERING AND LOSS OF AMENITIES – CLAIMANT WAS A WELDER – CLAIMANT’S LEG WAS AMPUTATED DUE TO THE CROWN’S NEGLIGENCE – LOSS OF EARNINGS UP UNTIL DATE OF TRIAL TO BE TREATED AS AN ITEM OF SPECIAL DAMAGES – LOSS OF EARNINGS EXPECTED AFTER TRIAL TO BE TREATED AS AN ITEM OF GENERAL
Meeks, Victoria Marie v Meeks, Jeffrey William
APPLICATION FOR RELIEF FROM SANCTIONS – RULE 26.8 OF THE CIVIL PROCEDURE RULES (CPR) – MATRIMONIAL PROPERTY DISPUTE
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