The Hon. Mr. Justice Kissock Laing

Stewart Brown Investments Limited v Brown, Alton Washington and Stewart, Ermine et al

Contempt of Court – Factors to be considered - Committal order – Standard of proof - Whether mens rea required – Meaning of ‘wilful’ - Whether there needs to be proof that the party had an intention to act in contempt of Court
Civil Procedure – Whether order of a single Judge of the Court of Appeal can be amended or modified by a notice to parties – Whether such notice can be used as a tool to construe the meaning of an order

Hasheba Development Company Limited v Petroleum Corporation of Jamaica Limited, Kinghorn, Sean and Kinghorn, Judy Ann et al1

Civil Procedure - Whether the Supreme Court has jurisdiction to hear an application to discharge a freezing order made by a Judge of the court after there was a judgment on the claim and before there was an appeal against that judgment and a stay of execution of portions thereof  - Ex-parte freezing orders - whether the Supreme Court retains the jurisdiction to address ex parte orders even if there is an appeal in respect of the judgment in the claim, in aid of which a protective freezing order was granted.

Hyundai Motor Company v Key Motors Limited

Arbitration – Foreign arbitration – Enforcement - Principles applicable Evidence – Affidavit – Execution abroad - Whether absence of certificate confirming status of notary public is fatal

Hasheba Development Company Limited v Petroleum Corporation of Jamaica Limited, Kinghorn, Sean and Kinghorn, Judy Ann et al

Civil Procedure - Proper method of commencing claim for relief of specific performance – Whether fixed date claim form procedure appropriate for claim of conspiracy to defraud - Whether only a portion of a claim can be continued as if commenced by claim form - Test for extension of time for affidavits filed in non-compliance with the Civil Procedure Rules 2002 (“CPR”) – Whether application for

Miller, Lloyd and Duncan, Phillip v Ferron, Laurie (Trading as Pyramid Design Consultants)

Contract – Breach – Whether contractors completed work required by the contract
Civil Procedure – Disclosure - Consequences of failure to disclose directly relevant documents - Whether adverse inference can be drawn against party who has failed to disclose directly relevant documents Evidence – Whether pre-action admission in writing by counsel admissible

Abraham, Jason v Cable & Wireless Jamaica Limited

Companies Act - Application for leave to bring a derivative claim – Factors to be considered – Whether leave should be granted to bring claim outside the Jurisdiction – Application of pre-2017 company law relating to fiduciary duties – Extent of applicability of business judgment rule

Polyamer Corporation v Free Form Factory Limited

Civil procedure- Whether the Claimant has locus standi to bring or continue claim where it has omitted to add its registered suffix “S.A.” to its name in its statement of case.
Whether in considering the issue of locus standi the Court should consider whether the Claimant has sufficiently pleaded a legal assignment – Whether the claimant is required to plead an equitable assignment in the alternative.

Pages

Covid-19

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023