The Honourable Mr. Justice Dale Staple (Ag.)

Mack Foster, Jackqueline v Foster, Carlton Everol

Civil practice and procedure - Application to register foreign order - Whether order from Florida Court capable of registration under the Judgments (Foreign) (Reciprocal Enforcement) Act - Application to enforce disclosure order of a Foreign Court - Whether or not interim disclosure order from a Florida Court capable of enforcement in Jamaica at common law - Application to register foreign order - Proper procedure to utilise to initiate application - Whether fixed date claim form to be used or application for Court Order in Form 7

Re Lot 1290 Green Pond, St. James

Restrictive Covenant – Part 26 Civil Procedure Rule- Rule 26.1(v) – Notice to Parties
of the Court’s intention to make orders of its own volition at a hearing – Breach
specific modification – Inordinate delay – Explanation of delay – The question of

Re. Lot No. 188 Pembroke Hall, St. Andrew

Restrictive Covenant – Part 26 Civil Procedure Rule- Rule 26.1(v) – Notice to Parties of the Court’s intention to make orders of its own volition at a hearing – Breach - Specific modification - Inordinate delay - Explanation of delay - The question of prejudice

Children's Advocate v R. H.

Family Law – Section 14(1) (a) of Schedule 1 of the Child Care and Protection Act – Medical Treatment in the absence of parental consent – The Court’s parens patriae jurisdiction – An order making a child a ward of the Court – Section 27 of the Judicature (Supreme Court) Act – Child’s best interest – balancing exercise.

Campbell, Rupert v The Attorney General of Jamaica

Negligence – Duty of Care of Prison Authorities Towards Prisoners - Failure to Care for Prisoners in Custody – Whether Prison Authorities Failed to Ensure that the Claimant Received Proper Medical Attention Within a Reasonable Time When
Notified of Injury – Whether Failure of Authorities Caused the Injury to the Claimant.

Sarju, John v Sarju, Michael, Raamdhani Sarju, Hazel Sarju and Charlene Narcisse

Civil Procedure – Application to Strike out Case – Application Made in Claim
Started by Fixed Date Claim Form – Whether or Not Permissible.
Land Law – Adverse Possession – Whether or not Claimant as Licensee can
establish adverse possession – Whether granting of license by one joint tenant
binds all joint tenants – Whether license created was revoked by death of one joint
tenant – Whether Claimant’s pleadings disclose no reasonable grounds for
bringing the Claim.

Jamaica Association of Composers and Publishers Limited v Inntech Communication Limited

Civil Procedure – Application to Enter Default Judgment on Terms – Meaning of
Registered Office of a Company – Whether a company can have more than one
registered offices – How to treat with a purported registered address which
includes both a physical address and a P.O. Box Number – Whether or not the
Defendant was served with the Claim Form and Particulars of Claim.

Bissick, Terry-Ann v Convenient Brands Limited

Negligence – Employers Liability – Whether Claimant has established breach of
duty of employer to provide safe system of work, sufficient staff and equipment –
duty of claimant to provide sufficient evidence of breaches.

McFarlane, Jason (Administrator Ad Litem in the Estate of Carol McFarlane, deceased, intestate) v Cable and Wireless Jamaica Limited

Pleadings – Amendment to pleadings – Substitution of parties – Whether claimant changed her status as one party to another party – Whether claimant’s change in status is the same as substitution of a party – Whether claimant permitted to substitute a claimant under the general provisions relating to amendment of statement of case before a Case Management Conference.
Pleadings – Amendment to pleadings – Relation back principle of amendments to pleadings – Whether amendment to sue as administratrix renders entire claim a nullity.

Hewitt, Valrose v Port Marley Ltd

Negligence – Contributory negligence – Pleadings – Whether contributory negligence properly pleaded – Whether Court can consider contributory negligence if not properly pleaded 
Negligence – Employer’s liability – Duty to have and maintain a safe place of work - Whether or not employer breached duty to have and maintain a safe place of work – Was the floor of the defendant’s premises in an unsafe condition for workers?



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