Hunter, David v Radiant Mutual Limited, Ultra Financier Limited and Marlon Plummer
Civil procedure - Whether fraud, actual fraud or wilful blindness has been proven - Whether negligence has been proven - Damages for wrongful encumbrance and loss of opportunity - Nominal damages
Re: Number three Roxburgh Avenue, Acadia
Civil Procedure – Application for modification of restrictive covenants – Whether objectors to modification of restrictive covenants are required to file affidavit evidence – Whether a trial is necessary – Whether the trial should be held in chambers or in open court – The Jamaica (Constitution) Order in Council, 1962 – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 13(3)(g) – The Restrictive Covenants (Discharge and Modification) Act, section 3(1) – Civil Procedure Rules, rules 15.3(c), 26.1(2)(c), 27.2 (7) and (8), 27.11(c
CM Recycling Company Limited v Selnor Developments Limited and Jason Mactavish Smith
Contract – Agreement for sale of land – Cash sale – Notice making time of the essence – Whether period of 21 days reasonable – Whether service by email valid notwithstanding contractual deeming provision – Whether negotiation after expiry of notice operates as a waiver – Whether estoppel applicable – Whether contract lawfully rescinded - Whether relief from forfeiture to be granted.
T.W. Metals Limtied v Fair Trading Commission and ARC Manufacturing Limited
Judicial Review - Claim for Judicial Review – Decision of Fair Trading CommissionLeave granted ex parte – Statutory right of appeal - Whether adequate alternate remedy – Whether absolute or discretionary bar - Whether grant of leave to be set aside - Whether claim an abuse of process - Costs.
Anderson, Ricardo v Fraser, Perry and Titan Construction
Negligence - Internal inconsistency in pleadings - Liability for motor vehicle collision - Whether loss of earnings should be awarded in the absence of effort to obtain proof of employment and pre-accident earnings - Maximum Medical Improvement not reached - Assessment of damages for pain and suffering and loss of amenities where evidence of disability rating not accepted - Handicap on the labour market - Future medical care - Property damage claimed as general damages - Whether interest payable on award for property damage and future pecuniary loss - Defendants served with claim on differe
Gayle, Naveiney (Personally, and as Administrator Ad Litem, In the Estate of Vijae Gayle, Deceased and Burns Gayle v Board of Management, University Hospital of the West Indies
Negligence – Medical negligence – The duty of care owed by a medical practitioner to a patient – Patient admitted at hospital over a period of six days – Patient died while admitted in hospital – Whether the medical practitioners attached to the hospital owed a duty of care to the patient – Whether the medical practitioners attached to the hospital breached that duty of care – Whether the medical practitioners attached to the hospital used all proper professional skill, care, competence and diligence during their investigation, diagnosis, management and treatment of the patient – Causation
McKenzie, Karen v Fullerton, Veronica
Civil Practice and Procedure –– Land Law ––Trespass to Land –– Whether the Claimant is entitled to damages for trespass –– Whether the Claimant is entitled to a declaration that she is the beneficial owner of the disputed area –– Whether the Defendant acquiesced in the disputed boundary for a period exceeding seven years –– Whether the Defendant trespassed on the disputed area and unlawfully demolished the boundary wall ––Encroachment –– Adverse Possession –– Reputed Boundary Wall –– Breach of Boundary Wall –– Whether the Claimant and her predecessor-in-title have adversely possessed the re
Urban Links Limited and Luv Chat Mobile Communication Center Limited (Formerly Luv Chat Limited) v Digicel (Jamaica) Limited
Contract – Dealer/Distributorship Agreements – Termination of contract – No provision for termination without cause – Implied term as to reasonable noticeFixed term contract – Whether invalid termination notice capable of operating as notice to determine.
Panther, Christopher and Austen Douglas-Panther v Hemmings, Everald and Benhem Eco Construction Services Limited
Civil procedure – Breach of contract - Whether the Defendants are in breach of the construction contract - Whether the Claimants suffered loss and damage to effect the remedial work - Whether the Defendants are entitled to the sum on Counterclaim - Remedy for breach of contract - Measure of damages.
Alydar Investments Limited v Nika Management Company Lijmited, Nigel W. Jones and Karolin Campbell Jones
Civil Procedure – Summary Judgment application - Application for the claim be struck out or a declaration that the Claimant has no standing to bring the claim - Microcredit Act - Money Lending Act, S. 5, 9, 10, 64 and 65 - Civil Procedure Rules, 2002, Rule 15.6.
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