Bennett, Kemar Earl Danelio v Porter, Andrew Sheen
Civil Practice & Procedure – Negligence – Motor vehicle collision – Duty of care – Breach of duty of care – Credibility of parties – Assessment of damages – Interest on award of damages.
Marsh Recovery Enterprise Limited v Hasheba Development Company Limited and Petroleum Company of Jamaica Limited
Civil Practice & Procedure – Striking out statement of case – Abuse of the process of the Court – Civil Procedure Rule 26. 3 (1) (b) & (c) – Issue Estoppel – Henderson v Henderson Estoppel
Baba Limited v West Best Foods Jamaica Limited
Civil practice and procedure — Application to set aside default judgment in default of defence — Whether conditions for setting aside default judgment are satisfied - Rule 13.3 of the Civil Procedure Rules 2002 as amended - Overriding objective
Messado, Jennifer v Plantation Holdings Limited, Plantation Development Co. Ltd. and Christopher Kerr
Civil Practice & Procedure - Application for Leave to Appeal – Considerations on application for leave to appeal – Realistic Prospect of Success – Case Management Powers of the Court – Part 26 of the Civil Procedure Rules
Williams, Roger v Edgehill Homes Limited
Civil Practice & Procedure - Breach of Contract – Fraud – Whether the purported agreement is fraudulent – Whether the purported agreement is therefore valid – Whether there exists sufficient acts of part performance in relation to the alleged oral agreement – Damages for breach of contract – Quantum Meruit basis
MD Development & Investments Limited v A & A Lime Hall Development Company Limited
Civil Practice & Procedure - Application for Prohibitive Injunction – Notice of the application to be given to the Respondent – Factors to be considered when granting an injunction – Whether there is a serious issue to be tried – Whether damages is an adequate remedy – Balance of convenience
Xtrinet Limited and Symbiote Investments Limited, Attorney General and Minister of Science, Energy and Technology
Civil Practice and Procedure - Preliminary Point – Doctrine of Res Judicata – Striking Out Statement of Case – Abuse of Process – Civil Procedure Rule 26.3 (b)
Walters, Phillip (Trading as L.A.B. Ashalt Straying) v Stone Plus Limited, Kayon Clifton Campbell adn Notfoya Thompson
Contract Law - Breach of contract - Construction of Contract - Services provided under seven separate contracts - Parol evidence rule
Sprague, Robert v Bonus Parts, Accessories & Auto Imports Limited
Company Law - Civil Practice and Procedure – Civil Procedure Rule 27.2 (8) – Fixed Date Claims (First Hearings) – Section 212 of the Companies Act – Application for Leave to bring Derivative Action in the name and on behalf of the company – Statutory requirements to be met (reasonable notice, good faith & appears to be in the interest of the company) – Section 213 of the Companies Act – Court’s Powers.
Thompson, Camille Patricia (Administratrix of the Estate of Karlene Whyte) and Valley Services Station Limited v Whyte, Gavin
Civil Practice & Procedure - Application to Dismiss Claimant’s Case for Want of Prosecution – Rule 26.3 of the Civil Procedure Rules – Rule 26.1 (2) (v) of the Civil Procedure Rules – Court’s Overriding Objective – Rule 1.3 of the Civil Procedure Rules