NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



The Hon. Mrs. Justice Marcia Dunbar Green

Clarke, Claudette (Administratrix of the Estate of Keith Clarke, deceased and in her own right) v Tinglin, Greg; Buckley, Odel et al

Constitutional law – Constitutionality and validity of good faith certificates – Whether good faith certificates infringe the doctrine of separation of powers – Whether good faith certificates supersede the prosecutorial powers of the Director of Public Prosecutions – Whether good faith certificates which were issued outside of the period of emergency are ultra vires, null and void – The Jamaica (Constitution) Order in Council, 1962, Emergency Powers Act, section 3, Emergency Powers Regulations, 2010, regulations 45 and 46

Kitson, Mark and Kitson, Olga v Alcovia Development Company Limited

Sale of apartment facilitated by claimants’ relative - No express terms regarding capacity in which relative acted – Defendant challenges validity of sale agreement executed by claimants - defendant and claimants’ relative enter separate agreement with different terms from agreement executed by claimants - Repossession by Defendant for breach of agreement with relative - whether relative acted as agent for claimants - whether defendant liable in trespass and breach of contract - Parol Evidence

Morrell, Harry v Jamaica Public Service Company Limited

Contract - Under-registration of electricity consumption - Disconnection of electricity claimant commencing action against defendant for breach of contract and defamation - Claimant suffering loss resulting from rewiring of premises - Claimant contending defendant’s breach of duty caused loss - Whether defendant breached duty - Whether breach caused loss - Whether claimant entitled to damages for physical inconvenience and mental distress - Whether defendant entitled to payment for under- Registered consumption - Assessment of damages.

Thompson, Steve and Ali, Errol (Discontinued) v Hall, Guiles

Negligence – Collision at intersection of main road and minor road – Minibus turning from main road onto minor road – Motorcycle travelling on main road in opposite direction – Motor cyclist not wearing helmet – Duty of drivers – Whether minibus driver responsible for accident – Contributory negligence

Bent, Keisha v The Commissioner of Police

Judicial Review – Dismissal of Applicant – Breach of Natural Justice – Whether Decision Disproportionate – The Police Service Regulations, 1961 – Order of Certiorari Sought

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