Sonic Limited v Rural Agricultural Development Authority, David Brown Consolidated with Sonic Limited v Courtney Richards, Rose Hall and Fitzroy McPherson et al
Civil Procedure and Practice – Application to Strike Out Claim – Does Statement of
Case include Reply and Defence to Counterclaim - Application for Summary
Judgment – Whether the Claimant has a real prospect of succeeding in the claim –
Impact of Failure to comply with Rule 15.4(4) – Whether Summary Judgment can
be entered on the Counterclaim filed.
Jackson, Devontie v Stephen, Shirley and Norman Rhoden
DAMAGES - Assessment of damages –– Personal Injury –– Motor vehicle collision –– Negligence –– Damages –– Pain and suffering and loss of amenities – Special damages
Administrator General for Jamaica (Administrator of Estate of Oneaque Whitter otherwise called Aneaque Jannelt Whitter, deceased) v Ennis, Sanjay
Damages - Assessment of damages – Fatal Accidents Act – Law Reform
(Miscellaneous Provisions Act) – Loss of expectation – Loss of earnings – Pain
and suffering.
Administrator-General for Jamaica (Administrator of Estate of Oneaque Whitter) v Ennis, Sanjay
Damages - Assessment of damages – Fatal Accidents Act – Law Reform (Miscellaneous Provisions Act) – Loss of expectation – Loss of earnings – Pain and suffering.
Williams, Lorris v Prince, Corie
Civil Practice and Procedure –– The Property (Rights of Spouses) Act ––Application for extension of time to bring a claim for division of property under section 13 (2) of The Property (Rights of Spouses) Act –– Factors to be considered by the Court for an extension of time –– Whether the delay is Inordinate –– Whether there is a good reason for the delay –– Whether there is a prima facie case –– Prejudice –– Whether the overriding objectives is in favour of the granting or denying the extension of time.
Lewars, Leonie v Senior, Curtis
Tort –– Negligence –– Personal Injury –– Claimant bitten by a dog –– Whether Medical Reports that were not listed in List of Documents and not pleaded are admissible –– Duty of Care –– Whether duty of care was breached –– Standard of care.
Assessment of Damages –– Pain and suffering –– Loss of Amenities –– Special damages –– Transportation Expenses – Loss of Earnings.
Adams, Nathan v Sun-Bloc Awnings and Tents
Civil Procedure – Application to set aside Default Judgment – Whether Defendant has a real prospect of successfully defending the claim – Rules 13.2, 13.3 and 13.4 of the CPR – Prompt application – Good explanation.
Fuller, Lockley (Executor of the estate of Ellery Fuller) and Joycelein Fuller v Johnson, Daisy
Civil Procedure –– Application to enter Default Judgment –– Application for Defence to stand –– Application for Extension of time to file Defence –– Relevant considerations –– Whether the delay was lengthy and inordinate –– Whether a good explanation/reason was provided –– Whether Defence has a real prospect of success –– Locus Standi –– Whether a ‘Second Executor’ can commence an action in another estate.
McGibbon,Sheldon v Gouldbourne, Jerome and Dani Fenton Consolidated with McGibbon, Kymore v Gouldbourne, Jerome and Dani Fenton
ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Fracture of right femur – Fracture of right radius – Ligament damage – Limb length Discrepancy – Loss of income and allowances – Proof of specific damages.
Walford, Herbert v Taylor, Paul and Suzan Taylor
Civil Procedure & Practice –– Contract Law –– Breach of Contract –– Elements of a Contract –– Specific Performance – Proprietary Estoppel – Possessory Title - Unjust Enrichment –– Absence of Documentary Evidence –– Sale Agreement.
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