LIVE STREAM: Phillip Paulwell V Attorney General of Jamaica


Vision 

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

Mission

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

The Hon. Mr. Justice Patrick Brooks

Re Norbrook Heights

Land law - Restrictive covenant - Covenant preventing subdivision - Application for modify - Whether objectors entitled to the benefit of the covenant - Whether words used in the originating documents sufficient to annex the benefit to the land - Whether land affected by the covenant - Whether building scheme created - Unity of seisin - Land law - Restrictive Covenant - Covenant preventing subdivision Application to modify - Whether character of neighbourhood has changed - Whether objectors have acceded to the breach - Restrictive Covenants (Modification and Discharge) Act, section 3.

Archibald, Roger v The Council of Legal Education

Education Student awarded a failing grade - Whether grade unreasonable -

Whether court entitled to, or should intervene to change the grade

Judicial Review - Natural Justice - Student appealing to governing tribunal

contesting a grade awarded to him by law school - Whether tribunal obliged to give

an opportunity to the student to respond to the law school's reply to the appeal

Practice and Procedure - whether document exhibited to an affidavit of the

Claimant may be treated as expert evidence

13 Norbrook Crescent

Land Law - Restrictive Covenant – Covenant preventing subdivision -

Application to modify – Whether objectors entitled to the benefit of the

Covenant – Whether words used in the originating document sufficient to

annex the benefit to the land – Whether land affected by the covenant -

Whether building scheme created – Unity of seisin

Land Law - Restrictive Covenant – Covenant preventing subdivision -

Jackson, Keith Ian v Ruby Ann Jackson

Husband and Wife - Ascertaining interest of the parties in former matrimonial

home - Intention at the time of acquisition -Wife not contrib~~tintog the cost of

acquisition - Whether a~reemenmt ade concerning the beneficial interest

International Asset Services Ltd v Edgar Watson

Civil Procedure - Application to strike out claim as being statute barred - Claim for

recoverv of credit card debt - Whether limitation period has run -Whether obvious

on the face of the claim - meaning of "writing obligatory" - whether anv reasonable

ground for bringing the action - Limitation of Actions Act, section 52 - Limitation

Forbes, Millicent, v The Director of Public Prosecutions

Civil Procedure - Judicial Review - Claim filed pursuant to leave to apply being

granted - Application to strike out claim -Whether application may be granted -

Whether leave to apply may be set aside -

Civil Procedure - Judicial Review - Exercise of discretion by Director of Public

Prosecutions - Whether clear that discretion properly exercised

Maragh, Gloria v Maragh, Eric

Maintenance of wife - Application for - Wife preveated from engaging in continuous employment during the marrigage - Whether a consideration for maintenance award - Whether previous receipt of a lump sum from a division of matrimonial property should affect award - Section 5(2) and 14(4) of the Maintenance Act 2005.

Clarke, William v The Bank Of Nova Scotia Jamaica limited etal

Civil Practice - Pre-Claim Applicatiion for discovery - Whether Court has the

jurisdiction to grant - Whether party required to disclose may claim privilege that

disclosure may incriminate them - Principles guiding court- CPR rr. 8.1, 11.12, 17.1,

17.2,2!5.1, 27.9,28.6

Pages

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