Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.


The Hon. Mr. Justice Kissock Laing

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.

Dawson, Sharryn v Diabetes Centre Limited

Injunctions - Whether American Cyanamid principles applicable if Defendant has no arguable defence to claim
Landlord and Tenant – Whether tenant can consent to irregular notice

McDonald Millingen v Geddes, Margie and Bardi Limited

Remedies - Enforcement of Judgment - Application to vary ex-parte provisional charging order - Whether property can be subject of order
Company Law - Lifting the corporate veil - Principles to be applied.
Legal Profession - Whether bill of costs is the proper procedure to make a claim based on quantum meruit - Restitution - Procedure to be followed in making a quantum meruit claim based on unjust enrichment.

Oddman, Fern v Airports Authority of Jamaica and Delta Airlines

Statutory Interpretation - International carriage - Passenger sustaining injury at airport terminal when descending stairs on way towards aircraft - Whether Montreal Convention 1999 applicable - Carriage by Air (Montreal Convention) Act - Civil procedure - Summary judgment and striking out - Principles to be applied



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