Muir, Garett v Rosedaley Foods Limited
Civil Procedure - Assessment of Damages - Failure of Defendant to provide full and frank disclosure - Whether adverse inferences should be drawn - Claimant unable to provide proof of income - Whether court can draw reasonable inferences to arrive at an appropriate award.
Richards, Constantine v The Transport Authority and The Attorney General of Jamaica
Detinue - Conversion - Negligence - Assault and battery - Claimant operating his vehicle unlawfully – Elements of torts claimed for – Whether claimant met his burden of proof – Section 33 of the Constabulary Force Act.
Community and Workers of Jamaica Co-operative Credit Union Limited v Chamers,Al, Lascynth Chambers and Evett Hyatt
Civil procedure – Whether the Claimant disbursed the full sum of the loan- Whether the Claimant failed to act in good faith and/or was negligent in the exercise of its power of sale- Measure of damages - Whether market value or forced sale value relevant in calculation of damages - When is the set-off to be done.
Mattison, Paul v Richards, Garfield and Gaston Brown
Negligence - Motor vehicle collision - Liability - Burdon of proof - Conflict between pleadings and witness statement.
Jackson, Fitz v Bank of Nova Scotia Jamaica Limited
Civil Procedure – Application for extension of time to file Application for Leave to Appeal - Application for Leave to Appeal – Whether Court had jurisdiction to grant summary judgment to party without application – Whether Court improperly exercised jurisdiction to award costs against unsuccessful litigant in matter having a public interest – Application for stay of proceedings – Court of Appeal Rules [2002] (the CAR) – The Court of Appeal Amendment Rules [2025] Rule 1.8 (2) – The Court of Appeal Rules [2002], Rule 1.8(1), Rule 1.8 (7) – Bills of Exchange Act (BEA), S.
Tropicorp Mushrooms Limited v The Saint Thompas Parish Council Consolidated with Alred Samuels Edwards, Ian Harriott and Rupert Brown et al
Prescription - Sections 4, 14, 35, 36, 37 and 40 of the Parochial Roads Act – Section 3 of the Main Roads Act – Whether the reserved road that runs through property owned by Tropicrop Mushrooms Limited is a public or private road - Sections 2 and 5 of the Prescription Act – Whether the Claimants have acquired a right of way over the reserved road - Section 68 of the Registration of Titles Act – Sections 3 and 30 of the Limitation of Actions Act – Whether the Claimants have a right to farm on land registered in the name of Tropicrop Mushrooms Limited and Mossmans Peak Farms Limited by virtue
MB Development & Investments Limited v A & A Lime Hall Development Company Limited
Civil Procedure Rules Part 26.8 – Relief from Sanction – Whether application prompt – Whether Defence has real prospect of success – Relevance.
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.
Causwell SNR., Michael and Michael Causwell JNR v Clacken, Dwight and LMH Publishing Limited
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.
Brady, Winston v Keene, Suewayne Lloyd and Insurance Company of the West Indies
Civil Procedure - CPR rule 11.16 - Considerations on application to extend time - Whether time should be extended to make application to set aside orders made without notice - Application to set aside order for substituted service on insurance company - Whether reasonable efforts made by insurer to contact insured to bring contents of claim form and particular of claim to his attention.
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