Lawton, Karl; Carol Lawton and Dionne Lawton et al v Lawton, Edith (Administratrix of the Estate of Carol Manley Lawton)
Civil Procedure – Summary Judgment – Adverse Possession Claim – Is this an appropriate case to deal with summarily – Whether section 30 of the Limitation of Actions Act must be specifically pleaded – Are the proper parties before the Court – Limitation of Actions Act sections 3, 14 and 30 – Civil Procedure Rules 19.3, 26.9, 27 and 67.2
Baldie, Oraine v The Parole Board
Application for leave for Judicial Review – Whether the court has jurisdiction to hear the Application – Whether there is an arguable case with a realistic prospect of success.
Reid, Patrick v Blackwood, Joshaua
Negligence - Duty of Care of Driver of Public Passenger Vehicle to passenger - Breach of Duty of Care - Whether the Defendant Driver breached his Duty of Care to his Passenger by putting the vehicle in motion while the passenger’s body was only partially inside. Damages - Pain and suffering and Loss of amenities.
Rowe, Lawrence v The Attorney General of Jamacia, Constable Clayton Bromfield
Tort – Malicious Prosecution – Whether or not the 2nd Defendant had reasonable and probable to prosecute the Claimant for the offences charged - False Imprisonment – Whether or not the 2nd Defendant lawfully arrested and detained the Defendant for the offences under the Town and Communities Act and the other offences – Whether the Claimant was entitled to resist an unlawful arrest - Assault – Whether the 2nd Defendant Assaulted the Claimant - Statute – Town & Communities Act, Sections 11 and 23 - Constabulary Force Act, Sections 15, 30 a
Spectrum Systems Limited v The Industrial Disputes Tribunal
Administrative Law – Application for Leave to Apply for Judicial Review out of time – principles involved - Application for Leave to Apply for Judicial Review – whether Applicant has a good arguable case with a real prospect of success - Application for Leave to Apply for Judicial Review – Whether or not the failure to give reasons for their award is a valid ground for leave to be granted for judicial review of the decision of the IDT – Application for Leave to Apply for Judicial Review – Whether or not the IDT gave a clear reason for refusing to admit evid
Bennett, Richard v Murphy, Theodore Kent
Negligence - Liability for motor vehicle collision - Rear end collision - Personal Injury - Contributory negligence - Assessment of damages.
Tracey, Errol v Attorney General of Jamaica
CIVIL PROCEDURE: Claimant’s failure to file and serve witness statement and list of documents within the relevant time - Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR) - Application for relief from sanctions - Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Whether there was a g
Prendergast, Indiana and Omar Willis v Spaldings Diagnostix Medical Laboratory (1)
Tort – Negligence – Medical Testing Laboratory – False Positive HIV Test Result – Psychiatric Injury – Duty of Care – Does a duty of care extend to a third party who suffers harm consequential to the primary victim’s injury – Was the duty of care breached
Haughton, Andre, Janice Allen et al v St. James Municipal Corporation
Administrative Law - Application for Leave to apply for Judicial Review -Town and Community (Control of Advertisement) Regulations sections 7, 9,13 and 16
Civil Procedure Rules - Part 56
Injunction - Whether consent is required for advertisement during election campaigns-the meaning of the phrase pending elections - Whether damages are the appropriate remedy
The Constitution of Jamaica Sections 64 and 65
JMMB Merchant Bank Limited v Finzi, Winston and Mahoe Bay Company Limited
Mortgage - Enforcement of power of sale without factual or legal predicate - Absence of proper documentation proving sums allegedly owed - Proceeds from bonds issued in Jamaican currency converted to United States currency - Money used to buy mortgages to pay loans - No proof that loans existed - Money to be repaid - Whether should be repaid in Jamaica of United States currency - Interest claimed as debt - Interim payment - Stay of proceedings.
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