Marsh, Marvin v Western Regional Health Authority, Southern Regional Health Authority and The Attorney General of Jamaica
Civil Practice and Procedure – Civil Procedure Rules – Rule 26.8 – Applications for Relief From Sanction – Whether Claimant’s Application for Relief Was Made Promptly – Whether or Not Claimant Would Be Entitled to Relief Otherwise.
Civil Practice and Procedure – Consequence if Application For Relief from Sanction Fails and Witness Statement is Not Allowed – Whether or Not the Claimant’s Claim Should Be Struck Out Due to Lack of Evidence to Support Same at Trial.
GBL v SAM
Family Law - Return of child - The Hague Convention On The Civil Aspects Of International Child Abduction 1980 - Article 3, 11, 12 - Habitual residence – Agreement – Consent – Grave risk - The Children (Guardianship And Custody) Act, S. 7c And 7n.
Lewis, Mark v The Attorney General of Jamaica, Dwight Francis and Michael Ming et al
Civil Litigation: Tort - Malicious Prosecution and False Imprisonment - Default Judgment - Rule 12.9 (2) (b) - Multiple Defendants – Default Judgment against one Defendant before the conclusion of the trial.
Lee, Wendy, Martin Hopwood and Anne Hopwood et al v Attorney General et al
Constitutional law — Challenge to the environmental permit granted by the Minister
of Economic Growth and Job Creation — NRCA refuses environmental permit —
Forestry Department objects — Right to enjoy a healthy and productive
environment likely to be breached — Right to property — Oakes Test —
Comparative Law — International instruments — Decision of Minister and
Environmental Permit struck down as unconstitutional - Declarations — Injunction
The Charter of Fundamental Rights and Freedoms (Constitutional Amendment)
Wallace-Cohen, Alicia v Jamaica Broilers Group Ltd
Tort – Negligence – Breach of Occupiers Liability Act – Whether Defendant is Liable for the Claimant Slipping and Falling on their premises. Tort – Negligence – Employer’s Liability – Whether Defendant Breached their Duty of Care to the Claimant as her Employer.
Hardware & Lumber Ltd v Commissioner of Customs
Revenue Procedure - Revenue Court Rules 1972 - jurisdiction of the court - Rule 12 - amendment to statement of case - Considerations on applications to amend statements of case - Rule 32 - Considerations on applications to extend time - Application to extend time to file documents giving rise to appeal and submissions - Rule 40 - applicability of CPR 26.7(1) and CPR sanctioning regime
Re Gordon Arthur Cyril Stewart and the Companies Act and the Trusts Act
Civil Procedure - Application to strike out claim – Public Accountancy Act - Appointment of foreign accountant - Trusts Act - Whether applicable to executors - Whether the claim discloses reasonable grounds to bring the action - The Civil Procedure Rules 26.3 (1) (c).
Causwell Snr., Michael et al v Dwight Claken et al
Civil Procedure and Practice – Defamation – Whether the publication contained defamatory material against the Claimant – Defence of Justification – Defence of fair comment – Defence of Qualified privilege – Assessment of Damages – General Damages – Aggravated Damages – Exemplary Damages – The Defamation Act 2013
Hall, Kishane v Tapple, Kemwell and Kenardo Nicholas
Tort – Negligence – Motor Vehicle Collision – Whether Defendant Breached his Duty of Care to the Claimant and Caused Loss and Damage. Tort – Negligence – Contributory Negligence – Motor Vehicle Collision – Whether Claimant Contributed in Whole or in Part to his Losses. Assessment of Damages – Quantum of Damages to be Awarded – Whether a Medical Report is Necessary before the Court can find that a Claimant is Injured – Whether Claimant Has Proved His Injuries Despite Absence of Medical Report. Legislation – Road Traffic Act 1938 – s. 51.
Patterson, Joseph; David Thompson and Abbey-Gayle Thompson et al v Attorney General of Jamaica
CONSTITUTIONAL LAW – The Jamaica (Constitution) Order in Council, 1962, section 49 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13 (3)(e) and (f) – Disaster Risk Management Act, sections 26, 27 and 52 – Public Order Act, sections 6,11 and 12.
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