The Honourable Mr. Justice Dale Staple (Ag.)

Williams, Christopher v Miller, Charmaine

Family Law – Application for Custody of Child – Application for Variation of Custody Order – Whether there has been a Material Change of Circumstances to Justify Variation of Custody Order Already Made. Family Law – Application for Custody of Child – Whether Variation of Custody Order is in the Best Interest of the Child.

Jamaica Association of Composers Authors and Publishers Limited v Restaurants of Jamaica Limited trading as KFC

Civil Practice and Procedure – Application for Summary Judgment – Whether an Amendment to the Pleadings Before Case Management Conference but after a Summary Judgment Application has been Filed and Served Should Be Considered. Civil Practice and Procedure – Application for Summary Judgment – Whether the Claimant has a Case With a Real Prospect of Success in Whole or in Part. Whether Summary Judgment Should be Granted Ahead of enactment of Validating Legislation.

James, Bobette v Jamaica Urban Transit Company Limited

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether Attorney Being Unwell is to be considered as part of the question of the promptness of an Application for Relief from Sanction.

Rattigan, Wilfred (On behalf of Himself and Jamaicans in the Diaspora and Jamaica v Johnson Smith, Senator The Honourable Kamina, Ministry of Foreign Affairs and Foreign Trade of Jamaica and the Ministry of Finance and the Public Service

Civil Practice and Procedure – Applications to Strike Out Claim – Application to Strike Out Claim Started by Fixed Date Claim Form – Whether Striking out is Appropriate – Whether or not Claimant has Standing to Bring the Claim – Whether or Not the Claimant Can Bring this Action in a Representative Capacity – Whether or not that Capacity has Been Established – Whether or Not Claimant is the Appropriate Party to Seek the Relief Claimed – Whether or not Claimant has Demonstrated that His Substantive Rights were or are about to be Breached by the actions of the Defendants to Entitle him to Decl

Daley, Kareen v Jasmine Chin

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether Issues of Instructions and Retainer Between Counsel and Client is to be considered as part of the question of the promptness of an Application for Relief from Sanction – Whether or not Counsel’s Failure to Comply with Case Management Orders Due to Issues with their Client Shows that the Failure to Comply was Unintentional – Whether Issues of Instruction and Retainer Between Counsel and Client is a Good Explanation for Non-Compliance.

Gammon, Philip Kent v Ramsey, Leicester Robert

Civil Practice and Procedure – Application to Remit Matter to the Parish Court – Principles involved in Transferring a matter from the Supreme Court to the Parish Court. Civil Practice and Procedure – Amendment of Pleadings After Case Management Conference – Whether or not Amendment is Valid Where Amendment Done Without Permission.

Webster, Angella v Smith, Sylvia Francene

Application for Injunction – Application for Declaration of Interest in Property – Whether or not Interim Injunction should be granted – Whether There is a Serious Issue to be Tried – Whether or not the Title of the deceased was extinguished via adverse possession – Sections 4, 9 and 30 of the Limitation of Actions Act. 

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