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.
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.
Prime Sports (Jamaica) Limited v Goodwill Gaming Enterprised Limited
Civil Practice & Procedure - Application for interim inunction – Requirements for the grant of an interim injunction – Part 17 of the Civil Procedure Rules 2002, as amended – Trademark infringement under section 9 (3) of the Trade Mark Act – Likelihood of deception or confusion– Unfair advantage and detriment to distinctive character and reputation – Passing off
Paradise Consortium Lomited trading as Jungle Fyah v Mason, Franklyn trading as Jungle Fiah
Civil Practice & Procedure – Tort – Passing Off – Whether the Defendant has breached the tort of passing off by using the name ‘Jungle Fiah’ – Elements of Passing Off – Whether the Claimant has established goodwill or reputation in the name “Jungle Fyah” – Whether the Claimant has demonstrated a misrepresentation by the Defendant to the public by using the name ‘Jungle Fiah’ – Whether the Claimant suffered or is likely to suffer damage due to misrepresentation – What remedies, if any, are available to the Claimant - Remedies – Whether the Claimant is entitled to an Order for recovery of
James Morrison, Camla v Sutherland Global Services Jamaica PLC Limited
Civil Practice & Procedure - Striking out statement of case – No reasonable ground for bringing the claim – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Civil Procedure Rules 26.3 (1) – Extension of time to file defence – Application for Interim Injunction
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