Panther, Christopher and Austen Douglas-Panther v Hemmings, Everald and Benhem Eco Construction Services Limited
Civil procedure – Breach of contract - Whether the Defendants are in breach of the construction contract - Whether the Claimants suffered loss and damage to effect the remedial work - Whether the Defendants are entitled to the sum on Counterclaim - Remedy for breach of contract - Measure of damages.
Alydar Investments Limited v Nika Management Company Lijmited, Nigel W. Jones and Karolin Campbell Jones
Civil Procedure – Summary Judgment application - Application for the claim be struck out or a declaration that the Claimant has no standing to bring the claim - Microcredit Act - Money Lending Act, S. 5, 9, 10, 64 and 65 - Civil Procedure Rules, 2002, Rule 15.6.
Smith, Maurice A and Kathy A. Smith v C & D Construction & Engineering Limited
Civil Procedure – Whether matter should be referred to arbitration - Whether Final Certificate constitutes conclusive evidence that works were proper carried out - Whether there are any reasonable grounds for bringing the claim - Arbitration Act, S. 14 – The Civil Procedure Rules, 2002, Part 26.
Ascendancy Caribbean Limited v Berry, Hansley and Deleta Lawrence
Civil procedure - Breach of Contract - Trial after grant of Summary Judgment - Whether Defence is a bare denial - Whether a claim for fraud or forgery has been sufficiently pleaded - Without prejudice communication - Whether the Claimant has provided sufficient evidence to support its claim - Whether Secondary evidence can be used to prove interest rate – Costs - The Civil Procedure Rules, Rule 64.6.
National Commercial Bank Jamaica Limited v Laing, Janene
Civil procedure – Breach of Contract - The Banking Services Act, The Consumer Protection Act - Whether the conduct and representations of the Claimant amount to negligence, negligent misstatement and/or breach of the implied duty of care and skill - Failure to exercise due diligence - Indemnity clauses - Implied terms in a contract - Unjust enrichment - Whether the Claimant is estopped from recovering the sums lost.
Muir, Garett v Rosedaley Foods Limited
Civil Procedure - Assessment of Damages - Failure of Defendant to provide full and frank disclosure - Whether adverse inferences should be drawn - Claimant unable to provide proof of income - Whether court can draw reasonable inferences to arrive at an appropriate award.
Knott Francis Eventures Limited v MC Prime Shine Corporate Touch Limited
Civil procedure – Breach of contract - Whether the Defendant is in breach of the covenant of quiet enjoyment - Trespass to property - Trespass to goods - Whether the Defendant is liable for conversion - Non-payment of rent.
Community and Workers of Jamaica Co-operative Credit Union Limited v Chamers,Al, Lascynth Chambers and Evett Hyatt
Civil procedure – Whether the Claimant disbursed the full sum of the loan- Whether the Claimant failed to act in good faith and/or was negligent in the exercise of its power of sale- Measure of damages - Whether market value or forced sale value relevant in calculation of damages - When is the set-off to be done.
ARC Systems Limited v Kong, Carris
Civil procedure - Breach of Contract - Whether a valid contract exists between the Claimant and the Defendant - Law of Agency - Remedies for breach of contract
Jacden Group of Companies Limited v South East Regional Health Authority and the Attorney General of Jamaica
<p>Civil Procedure- Request for Information – Application for specific disclosure – Litigation Privilege – what constitutes directly relevant information –The Data Protection Act</p>
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