GBL v SAM
Family Law - Return of child - The Hague Convention On The Civil Aspects Of International Child Abduction 1980 - Article 3, 11, 12 - Habitual residence – Agreement – Consent – Grave risk - The Children (Guardianship And Custody) Act, S. 7c And 7n.
Daley, Sophia v Daley, Raymond
Matrimonial Property - Division of Matrimonial Property - Family Home - Equal Share Rule.
DCR, Re legal guardianship of
Family law - Custody care and control - Whether peternal grandmother should be given custody of child after death of father of child - Children Guardianship and Custody Act, S. 3.
Rose-Brown, Jennifer v Brown, Lennie Lynval
Family Law- Division of Matrimonial Property- Property Rights of Spouses Act – Whether it would be unjust to give each party a 50% share in the property.
McLeod, Kadian, Attania Edwards and Delon Hamilton v Ellis, Kession Walker
Civil Procedure - Part 37 and 64 Civil Procedure Rules 2002 - Whether it would be just and fair to make no order as to costs - Whether the Claimant should pay the Defendant’s costs
Green, Vivian v Robinson, Dwight and Christine Barbara Dixon
Wills – Probate – Competing Wills – Validity of will – forgery – Presumption of due execution – Knowledge and approval – Testamentary capacity – Undue influence – Fraud – Burden and standard of proof in fraud cases – Expert evidence – handwriting analysis – Credibility of witnesses – Wills Act, s.6 – Forgery Act, s.3
Nathan, Nerisha v Baines, Hopeton
Family Law – The Children (Guardianship and Custody) Act- The Maintenance Act- Whether the sum claimed for maintenance by the Claimant is reasonable
McGregor, Keeva v McGregor, Neville and Shamalla McGregor
Injunction – Interim Relief – Is there a serious issue to be tried – Would damages be an adequate remedy – Is the claim one for monetary compensation – Where does the balance of convenience lie – Judicature (Supreme Court) Act section 49h – Civil Procedure Rule 17.1
Lawton, Karl; Carol Lawton and Dionne Lawton et al v Lawton, Edith (Administratrix of the Estate of Carol Manley Lawton)
Civil Procedure – Summary Judgment – Adverse Possession Claim – Is this an appropriate case to deal with summarily – Whether section 30 of the Limitation of Actions Act must be specifically pleaded – Are the proper parties before the Court – Limitation of Actions Act sections 3, 14 and 30 – Civil Procedure Rules 19.3, 26.9, 27 and 67.2
Martin, Craig v Clarke, Michelle (formerly Michelle Clarke Martin) and Maria Lobban
Civil Procedure – Application for Extension of Time to Bring Claim – Delay – Reasons for the Delay – Prejudice – Is the Claim meritorious – Res Judicata – Is the Claim an abuse of process – Striking Out – Application to Strike Out Claimant’s Statement of Case Against the 2nd Defendant – Applicable Limitation Period – Property (Rights of Spouses) Act sections 13, 21, 22 and 23 – Civil Procedure Rules, 2002 as amended, Rule 26.3