Brown, Kirk v Williams, Phillip
Damages - Motor vehicle accident - Entering a major road from a minor road - Whether the defendant liable in negligence for injuries suffered by the claimant - Muscle spasm, pains to neck and wrists - Assessment of damages - Whether award should be made for diminution of earning capacity - Whether claimant failed to mitigate his losses.
Chagod Tours Jamaica Limited (Formerly Shago Tours Jamaica Ltd.) v National Commercial Bank Jamaica Limited
Civil Procedure - Whether to strike out the claimant’s statement of case as an abuse of process of the court - Distinction between test for interim injunction and test for summary judgment - Whether a statement of case is an abuse of process given judicial determination that there is no serious issue to be tried - Whether to grant summary judgment in favour of the defendant - Banker / Customer relationship - The contract / tort overlap in commercial contracts - CPR 26. 1(3) (c) and CPR 15.
Bennett, Evon C.a. v Ramdatt, Raymond
Adverse possession – claimant claiming possessory title in his own right and through his deceased father - whether registered proprietor was in possession – whether the defendant dispossessed the registered proprietor
Re: North Coast Resorts Limited
Interim Injunction – Whether serious issue to be tried – Whether fixed date claim form discloses any cause of action – Whether to allow amended pleadings - CPR 20.2(1) - Sections 2, 6, 8, 12 and 13 of The Industrial and Provident Societies Act
Kingston Wharves Limited Et al v Coast to Coast Traders Limited
Civil Procedure - Application for the court to decline to exercise its jurisdiction to try a claim - Whether the failure to comply with CPR 8.16 amounts to ineffective service - Whether application to strike out the claim on the basis of no reasonable grounds to bring it amounts to submitting to the court’s jurisdiction - Whether permission required for filing an amended Fixed Date Claim Form in light of the application to strike out the claim.
Minto-powell, Patreena v Jerimi Draton Grant Et al
Civil Procedure - Application for Summary Judgment - Whether the claimant has a real prospect of succeeding on the claim - CPR 15.2(a) - The nature of the evidence of a respondent to an application for summary judgment
Verticast Media Group Ltd v Digicel (Jamaica) Limited Et al
Costs - Security for Costs – CPR 24.3(a) - Application for relief from Sanctions- CPR 26.8 - Application to amend statement of case – CPR 20 – Request for Information – CPR 34.2
Campbell, Louise v Hotel Decameron Jamaica Limited, Club Caribbean Limited, Hoteles Decameron Comumbia SAS, Terran Group and Equity International et al
Contract - Breach of employment contract – Secondment of employees - Whether contract of employment repudiated by employee - Whether notice required before termination of a Fixed term employment contract – Whether termination before expiry amount to wrongful termination of a fixed term contract – Whether the measure of damages is based on the unexpired term
Knight, Alrick v V & M Import and Export Company Limited
<p>Negligence - Personal Injury - Liability for dogs based on a breach of duty of care - Whether the defendant owed the claimant a duty of care in relation to dog(s) on its premises – Whether the claimant was a trespasser - quantum of damages Whether Reply contains new causes of action not pleaded in the particulars of claim-application to amend claim form and particulars of claim after close of claimant’s case - CPR 8.9(1), 10.9</p>
Dunn, Anthony v Nedita Owens-Gibson
Contract - Whether a quasi-contract existed between the parties - Trusts - Whether moneys held on a constructive or resulting trust - Whether moneys held on bailment
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