Skip to main content

Vision 

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

Mission

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

Harriott-Simms, Denise v Simms, Lenroy

Application for declaration of entire interest in family home - Section 6 and 7 of PROSA - Statutoryequal share rule -  Variation of statutory equal share rule - Section 7 factors - Monetary contribution not a section 7 factor - Whether maintenance of children can be a section 7 factor - duration of marriage - Undefended claim - Burden of proof regarding displacement of presumption that parties are entitled to equal share of the family home -  Post - Separation financial contributions.

Clarke, Oscar v Attorney General of Jamaica

Claim for damages for negligence/employer’s liability – Attack on armed police officer at a police station by member of the public who was a visitor to the police station compound – Duty of care owed by occupier of police station compound to person working within that compound – Duty of care owed by government to persons working on and visiting that compound – Res Ipsa Loquitur – failure of defendant to do anything other than put claimant to proof of his case – Failure of defendant to lead any evidence or to challenge the claimant’s case in any significant way during cross – Examin

Campbell, Mary v Consolidated Caribbean Investments Limited

 Defendant’s application for summary judgment – Realistic prospect of success – Plea of Non Est Factum – Carelessness – No independent legal advice – Claimant allegedly semi-literate – Undue influence – Trust and confidence – Abuse of influence – Whether mortgage deed was of a fundamentally different character in terms of payment schedule and interest rate

Thompson, Delroy v Attorney General and Taylor, Detective Douglas

False imprisonment – Malicious prosecution – Whether claim against crown must be pursued against attorney general only – Defendant entitled to damages for false imprisonment only for the period of time held in custody before having been arraigned/brought before a court – Elements required to be proven in claim for damages for false imprisonment – Elements required to be proven in claim for damages for malicious prosecution – Proof of malice or absence of reasonable and probable cause for prosecution of claimant – Lack of reasonable and probable cause for arrest is not to be equated with lac

Lunan, Ian v Sudine, Rohan

Tenancy agreement – Periodic tenancy – Notice to quit – Re – entry by landlord onto leased premises – Failure of tenant to end occupation of leased premises – Claim for damages for breach of contract and damages for lost opportunity – whether there was a breach of contract by the parties – Failure by claimant to comply with terms of lease – Failure by defendant to comply with terms of lease – Proof of special damages

Minor, Pamela v Sandals Resort International Ltd. (Trading as Beaches Negril Resort and Spa), Real Resorts Ltd. and Beaches Management Ltd.

Breach of statutory duty - Occupiers liability – Negligence -  Contract - Slip and fall on wet stairway at hotel resort – Whether wet stairway constituted an unusual danger – Definition of occupier - Whether defendants. were joint occupiers of hotel resport - Res Ipsa Loquitur

Subscribe to The Hon. Mr. Justice Kirk Anderson