Kerry Longmore- Bailey v The Attorney General
False Imprisonment – Loss of personal liberty – Status of the Claimant awards to be adjusted for inflation- Aggravated damages hurt feelings and loss of dignity- Exemplary damages- victim of punishable behavior- constitutional redress not a substitute for involving judicial review.
Howson, Carlisle v Andrea Senior-Howson & The National Health Fund
Judicial Review – National Health Fund Act – Statutory Corporation – Health Fund Provider Agreements – Agreements to Implement Full Statutory Function – Whether Termination of Agreement – Susceptible to Judicial Review – Source of Power – Public Bodies
Forbes, Adrian & Toshana Forbes v Elaine Jackson-Forbes, et al
Limitations of Actions Act – Dispossession or Discontinuance-Extinguishment -Effects of breach of mortgage agreement - Factual Possession – Intention to possess. Joint tenancy -Death of Joint Tenant –Survivorship – survivor interest extinguished prior to death. Civil Procedure Rule 68.4.6 - Administration ad colligenda bona defuncti,
Dunkley, Nichola Marsha v Daive Anthony Dunkley
Custody - Separable Concept - Welfare of the Child - Parents Residing in Different Countries - Disagreements over Issues Pertinent to Child's Welfare (Application for Joint Custody)
Douglas, Myrna v Easton Douglas & Jacqueline Brown
Division of Matrimonial Property - Claim filed before Property Rights of Spouses Act (PROSA) - Brown v Brown - Express Agreement between Parties - Agreement of the Acquisition of Property - Onus of Proof - Limitation of Actions - Abandonment
Baker, Jodian v Damien Andrew Gallimore et al
Negligence - Motor Vehicle Accident - Overtaking line of traffic - Whether vehicle being overtaken was negligent, or contributed to accident
Sinclair-Brown Ilene v The Attorney General Of Jamaica
False Imprisonment - Malicious Prosecution - Assault - Trespass - Complainant and Claimant complain of Carnal Abuse - No attendance of Complainant at court proceedings - Claimant charged with Attempting to Pervert the Course of Justice Claimant claims Damages - Exemplary Damages - Aggravated Damages Claimant's claim fails - No damages awarded.
The Minister of Housing v New Falmouth Resorts Ltd
Interlocutory injunction to restrain registered owner from evicting unlawful occupants - previous order for damages against occupants not complied with – compulsory acquisition – Housing Act section 4 & section 25 – Land acquisition act section 6 – Jamaica Constitution section 18 – public purposes meaning of – no general interest of the community – True reason for acquisition – claimants conduct.
The Independent Commission of Investigations Et al v the Coroner of Clarendon Et al
Judicial Review -– Application for leave to apply for Judicial Review – Arguable grounds with realistic prospect of success -– Application for an exhumation order and subsequent independent post mortem examination -– Coroner refused to grant orders -– Coroner has no jurisdiction -– Need for an Inquest -– Application for leave to apply for Judicial Review refused.
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