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 Christopher Gordon
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
New Era Developments Ltd et al v New Era Properties Ltd et al
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
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
Gordon, Neva May, David Merrick, Valerie Gordon et al v Cox, Anthony
Civil Practice & Procedure – Adverse Possession – Whether the Defendant adversely possessed the property – Whether the Claimant is entitled to the entire legal and beneficial interest in the property – Equitable Remedy – Does the Defendant have a beneficial interest in the property – Constructive Trust
X-Ray & Diagnostic Ultrasound Consultants Limited v Nelson, Basil, Basil Nelson & Associates (Consulting Engineers) Limited and Arel Limited
Civil Practice and Procedure – Professional Negligence – Whether the Defendants owed a duty of care to the Claimant – Whether the Defendants breached the alleged
duty of care – Whether the Claimant suffered loss by this breach – Breach of Contract – Quantum of Damages – Nominal Damages – Civil Procedure Rule 64.12 (3) – Special Costs Certificate
Gordon, Neva May, David Merrick, Valerie Gordon et al v Cox, Anthony
Civil Practice & Procedure – Adverse Possession – Whether the Defendant
adversely possessed the property – Whether the Claimant is entitled to the entire
legal and beneficial interest in the property – Equitable Remedy – Does the
Defendant have a beneficial interest in the property – Constructive Trust
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