Whittaker, Garey v Kidd, Andrew; Delroy Nichols, Nepal Development Limited and Devon Barrett
Civil Procedure – Application to Strike Out Claim – Application for Interlocutory Injunction – Application to Extend Time To File Defence – Application for Default Judgment – Application for Immediate Taxation Of Costs – The Judicature (Supreme Court) Act s. 49(h) – The Companies Act s.10(1), Article 59 of Table A, Article 57 of Table A – Civil Procedure Rules (“CPR”) 2002 (as amended on the 3rd of August 2020) Rules 1, 1.1(2)(a), 9.3 (4),10.3, 10.3(9),17.1(1)(a),17.1(1)(b), 26.3(1)(b), 64.3, 64.5(1), 64.6, 65.8, 65.15 and 65.16.
Ppivot LLC v Professional Football Jamaica Limited
Injunction - Interlocutory Injunction – Application to restrain broadcast of football games - Meaning of “subject to contract” - Whether waived by conduct - Whether breach of confidentiality agreement - Whether serious issue to be tried – Whether damages an adequate remedy – Balance of convenience/justice of the case – Effect of delay by applicant – Intellectual property rights of Defendant.
Auto Channel Limited v Chin, Martin Paul, Jennifer Doolam Chin and National Commercial Bank Limited
Civil Procedure – Civil Procedure Rules - Summary Judgment – Agreement for Sale – Notice to Complete – Vacant Possession – Rescission of Agreement – Whether Agreement Completed by Delivery of Bank Undertaking for Payment of Purchase Price and Costs – Civil Procedure Rules (“CPR”) 2002, R. 15.6, 10.5, 26.3(1)(b) and (c), 64.6 and 64.6(4)(d).
Robinson, Winston v The University Hospital Board of Management
Medical Negligence - Expert reports – Whether the Claimant has established breach of the duty of care.
Morgan, Ray v Clerk of Court, Kingston & St. Andrew, Parish Court, Judge of the Parish Court, Kingston & St. Andrew and Tower Street Adult Correctional et al
Constitutional law - Assessment of Damages for unlawful detention of 2,504 days - Failure of machinery for timely appellate review - No record of appeal produced - Claimant served six years eight months in excess of sentence as a result - Due process rights breached - Privy Council remits for rehearing on sentence - Tapered rate - Vindicatory damages awardes.
Robinson-Brown, Rose v Simpson, Jason and Michael Marlon Malcolm
Negligence - Collision between pedestrian and motor vehicle - Contributory negligence - Duty of care - Liability - Quantum of damages.
Waul, Maureen Rose v Waul, Courtney Osborne
Real Property - Severance of joint tenancy - Beneficial interest.
Stewart, Adam; Jaime Stewart McConnell and Brian Jardim v Veira, Hugh Martin, Elizabeth Desnoes, Trevor Patterson and Cheryl Hamersmith-Stewart
Probate - Civil Procedure Rules, R. 64.6(2) (3) and (4) - Claim by executors to be released - Application for joinder refused by Court - Costs – Whether the appropriate costs order should be no order as to costs or costs to be paid out of the estate - Special costs certificate.
Rowe, Marlando v The Director of Public Prosecutions
Bail - Appeal from decision of Parish Court.
Dunbar, Jacqueline v Dunbar, Anthony
Matrimonial Property - Division of Matrimonial Property – Whether the Equal Share Rule should be applied – Property Rights of Spouses Act
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