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
Martin, Dean v Signtex Limited
Civil Practice & Procedure - Negligence- Breach of Duty of Care – Duty to Provide a Safe System of Work – Occupiers’ Liability Act – Breach of Statutory Duty of Care – Contributory Negligence – Assessment of Damages – Loss of Earning Capacity
McKenzie, Andrew Francis-Xavier v Farquharson-McKenzie, Shorna Toneta
CIVIL PRACTICE & PROCEDURE - Section 14 of the Property (Rights of Spouses) Act – Division of property other than the family home – Considerations under section 14 (2) and (3) of PROSA – Section 15 of PROSA – Partition Act – Occupation Rent – Principles upon which an award is made – No ouster – Defendant undertaking not to occupy jointly owned property.
Rae, Eliza adn Enid Davis v Simon, Lerone and Peta-Gaye Simon
CIVIL PRACTICE & PROCEDURE - Sections 139 and 140 of the Registration of Titles Act – Caveat against dealings – Service of Notice to Caveator – Where a caveat has lapsed what are the implications.
Rex v Gordin, 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
Lewis, Wayne av CVM Television Limited
Civil practice and procedure - Striking out statement of case – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Rule 26.3 (1) (b) of the CPR – Henderson v Henderson principle – Consolidation – Rule 26.1 (2) (b) of the CPR - Costs.
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