Rowe, Marcia (Administratrix of the Estate of Ryan Williams) v Attorney General of Jamaica
CIVIL PRACTICE & PROCEDURE – Application for leave to appeal – Whether the proposed appeal has a real chance of success – The effect of non-compliance under Rules 29.4 & 29.5 and the application of Rule 29.11
Rex v Thompson, Geovany
CRIMINAL LAW - Application for Recusal – Porter v Magill – Whether the fairminded and informed observer having considered the facts, would conclude that there was a real possibility that the tribunal was biased.
New Era Development Limited, Leo Taddeo and Llewelyn Watson and Alban Wilson v New Era Properties Limited and Benedetto Persichilli
Civil Practice & Procedure – Application for interim injunction – Requirements for the grant of an interim injunction – American Cyanamid Co. v Ethicon Ltd. – Whether there is a serious issue to be tried – Whether damages is an adequate remedy – Balance of convenience – Section 4 of the Restrictive Covenants (Discharge and Modification) Act – Whether stay of proceedings is appropriate given the fact that the Defendants have applied to remedy the breach
Taylor, Theophilus v Valentine, Dahlia
Civil Practice & Procedure - Negligence – Motor vehicle accident – Personal injury – Whether the Claimant was contributory negligent – Apportionment of liability – Assessment of damages.
Taylor, Theophilus v Dahlia Valentine
Civil Practice & Procedure Negligence – Motor vehicle accident – Personal injury – Whether the Claimant was contributory negligent – Apportionment of liability – Assessment of damages
Rex v Gordon, Christopher
Criminal Law - Change/Withdrawal of Plea – Principles arising from R v Dodd (1981) 74 Cr App R 50 and summarised in Shadrach Momah v R [2011] JMCA Crim 54 – Whether the Court should exercise its discretion to allow an accused to change his plea of guilty to one of not guilty.
Watts, Lelieth v Sydnia Matheson
Civil Practice & Procedure Doctrine of Res Judicata – Who is entitled to the residuary estate – Fit and proper person to apply for Letters of Administration with Will Annexed – Section 20 of the Wills Act – Intestates’ Estates and Property Charges Act – Declaration of Paternity – Status of Children Act– Sections 7 (1) (b) and 10 (2) of the Status of Children Act – Costs – Court’s power to vary or revoke Orders made
Blake, Glanville v Peter Thompson, et al
CIVIL PRACTICE & PROCEDURE Whether an applicant is entitled to have a subsequent Notice of Application for relief from sanctions and/or permission for documents and witness statements to stand heard, given that earlier orders, namely an unless order resulting in the striking out of a prior application, have already dealt with the non-compliance – Application for Relief from Sanctions – Rule 26.8 of the CPR – Whether the application was made promptly – Whether the application is supported by evidence on affidavit – Whether the failure to comply was not intentional – Whether there is a
Drakulich, Michael; Patchen, Max et al v Karibukai Limited and Rainforest Adventures (Holdings) Limited et al
Judges of Concurrent jurisdiction- Equal power and authority- Power to set aside or review only in exceptional circumstances Purview of the Court of Appeal- Res judicata
First Global Bank Limited v Spence, Orville and Spence, Nadine
Civil Practice & Procedure - Application for Summary Judgement – Rule 15.2 of the CPR
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