Ubanks, Elertant v Ubanks, Dorette and Burnette, Owen
LAND LAW - Partition Act - Application for sale of property - Joint Tenants-Presumption of Trust
Daley, Jeffrey v Daley, Hamilton Carl
Freezing Order - Good arguable case - Real risk of party dissipating assets - Where there is hardship on the defendant his legitimate interests must prevail over that of
the claimant - Court’s objective is to obtain just results - Serious issue to be tried - Adequacy of damages - Balance of convenience- Accounting by Executor - Court must not act in vain
Commissioner, Independent Commission of Investigations v Director of Public Prosecutions
ADMINISTRATIVE LAW – Judicial Review – Application for Leave to apply for Judicial Review – Review of a decision made by the Director of Public Prosecutions – Whether there is a reasonable prospect of success – Sections 1(9) and 94 of the Constitution of Jamaica.
Ernest Smith & Co (A Firm); Smith, Ernest; Smith, Nesta-Clair et al Consolidated with Thompson, Hugh and The Attorney General of Jamaica
Constitutional law - Right to a fair hearing within a reasonable time- Delay/impossibility of a judgment being delivered - Reasonable time guarantee- Remedies for breach of the section 16(2) right – Damages - Measure of damages - Whether summary assessment of the nominate torts would be an appropriate remedy – Costs - Costs thrown away – Section 16(2) the charter of fundamental rights and freedom
Cohen, Lisa v Administrator General for Jamaica
Family law - Whether a common law relationship existed between the applicant and the deceased - Whether the applicant is a spouse within the meaning of the Act - Intestate Estates and Property Charges Act S. 1 and 2.
Scott, Valda Constantia v Scott, Ena
Division of property – Variation of court order – Liberty to apply
Lauder, Nicola and Jones, Lydia v Brady, Everett
Assessment of damages – Measure of damages – Damages for breach of contract – Breach of duty of care to erect and install roof in a workmanlike manner – Cost of cure approach to determining damages.
Yorke, Glenroy v Lee, Michael Consolidated with Yorke, Glenroy v Millwood, Delroy
NEGLIGENCE - Motor vehicle accident- Personal Injury - Vehicle slowing down to an almost stop near a corner/bend - Vehicle colliding in the rear of vehicle near a corner- Blameworthiness - Apportionment of liability
Smith, Louis v Director of Public Prosecutions and Parish Court Judge for the Parish of Saint James Sandra Wong-Small
Application for leave for Judicial Review - Part 56.6 Of The Civil Procedure Rules - Delay - Whether the Applicant has a realistic prospect of success - Section 25(2) Of The Interpretation Act, 1968 - The Proceeds of Crime Act - Charges being laid pursuant to the provisions Money Laundering Act, 1998 (Repealed)
Martin, Earl v Burgher, Richard
Civil procedure rules (CPR) 2002 – Application to strike out – Failure to comply with orders of the court – Witness statements filed after specified date – Previous breaches of court orders – Application for relief from sanctions – Application to amend statement of case.