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
Dayes, Florence v The Attorney General of Jamaica
Civil Practice & Procedure - Negligence – Breach of duty of care – Duty to provide a safe system work – Occupier’s Liability Act – Breach of statutory duty of care – Credibility of witnesses – Contributory negligence – Assessment of damages – Handicap on the labour market
Rubis Energy Jamaica Limited v Simpson, Rohan
Civi procedure - Application to strike out statement of case for claimant - Rule 26.3 of CPR - Abuse of process considered.
Graham, Carlton v The Attorney General of Jamaica
Civil Practice & Procedure - Defendant not permitted to rely on any witness statement – Undisputed evidence – Quantum of Damages to be awarded – Damages for False Imprisonment – Damages for Malicious Prosecution – Aggravated and Exemplary Damages – Special Damages
Davis, Rickie and Dorma Davis v Wellesley Stokes, Kenroy Myers, Dalou Wong, Presclla Stokes and Riviera Insurance Agency Limited
Civil Practice & Procedure - Company Law – Section 213A of the Companies Act – Conduct that is oppressive and/or unfairly prejudicial and/or unfairly disregards interest of shareholder, director or officer of the company – Reasonable expectation – Appropriate Remedy
Adjudah, Silvera v Attorney General of Jamaica, Ministry of Justice and Renita Mullings Gordon
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) – Statement of case (Certificate of Truth) – Civil Procedure Rule 3.13 – Defendants not a proper party to the claim – Crown Proceedings Act section 3(5) – Extension of time to file defence – Civil Procedure Rules 10.3 (9) and 26.1 (2) (c) & (v) – Application for default judgment
Pinnock Brown, Nicola-Ann v Ana Yansy Martinez Watson
Insolvency– Sections 137, 138, 144 and 145 of the Insolvency Act, 2014 – Regulation 49 (2) of the Insolvency Regulations, 2015 – Whether the automatic discharge of a first time bankrupt should be refused – Facts relevant to discharges
Pinnock, Fritz & Reid, Ruel v His Honour Chester Crooks Chief Judge of the Parish Court
Judicial Review – Conflict of Interest – Apparent Bias – Unconscious Bias – Breach of Constitutional Right to a Fair Hearing by an Impartial Court
Pagination
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