Smith, Maurice A and Kathy A. Smith v C & D Construction & Engineering Limited
Civil Procedure – Whether matter should be referred to arbitration - Whether Final Certificate constitutes conclusive evidence that works were proper carried out - Whether there are any reasonable grounds for bringing the claim - Arbitration Act, S. 14 – The Civil Procedure Rules, 2002, Part 26.
Ascendancy Caribbean Limited v Berry, Hansley and Deleta Lawrence
Civil procedure - Breach of Contract - Trial after grant of Summary Judgment - Whether Defence is a bare denial - Whether a claim for fraud or forgery has been sufficiently pleaded - Without prejudice communication - Whether the Claimant has provided sufficient evidence to support its claim - Whether Secondary evidence can be used to prove interest rate – Costs - The Civil Procedure Rules, Rule 64.6.
Morrison, Kasie Ann v Elephant Group Jamaica Limtied (trading as Centerfield Jamaica), ADV Communication Limited and A & A Services Solutions (SSC) Limited
Civil Procedure – Application to strike out – Non-compliance with court order – Whether statement of case discloses reasonable ground for bringing claim – Whether ruling in earlier interlocutory proceedings for declaratory and injunctive relief is dispositive of substantive case – Whether claim amounts to abuse of court process – Data Protection Act – Definition of data controller – Definition of data processor – Whether Part IV Standards for Processing Personal Data applies to data processor – Date of coming into force of the Act.
Nain, Audley Vivian v The Attorney General of Jamaica and Althea Pinto
Tort – False Imprisonment – Malicious prosecution – Defamation – Aggravated Damages – Exemplary Damages – Elements which must be proved - Defences - Circumstances in which Aggravated and Exemplary Damages are awarded.
Worldwide Foods LImited v M V Crystal A 018A, MSC Mediterrean Shipping Company S. A. et al
Civil Procedure - Striking out statement of case - Bills of Lading - Himalaya Clauses - Challenging the court’s jurisdiction - Summary Judgment and admiralty claims in rem - CPR 9.6, 15.3(e), 26.3(1)(c).
Lewis, Nicole v Barbee-Wooten, Daphne
Tort - Negligence – Motor vehicle collision - Claimant asleep during incident – Claimant's pleadings assert negilgence on part of defendant – Whether claimant has proven her pleased case in circumstances where she did not see what happened – Res ipsa loquitur - Whether a claimant can rely on res ipsa when they pleade how the incident happened – Whether res ipsa arises in this case – Whether res ipsa needs to be pleaded for a claimant to rely on same – Whether defendant has rebutted presumption of negligence if res ipsa arises – Inevitable accident – Whether defendant has given evidence for
Navroli Limited v Parson, Melita, Ernest Cover, Norma Constance McHugh, Lloyd Richards, Paul Roberts and Eric Parsons
Land Law - Trial – Easement – Caveats – Trespass to land – Nominal damages – Who has the burden of proof when owner of land applies to Court to have caveat lodged on his title removed – Easement over land not adjacent to dominant tenement – Whether the wording contained in the Instrument of Transfer created a valid easement – The Registration of Titles Act, S. 70 and 140.
Bennett, Marcia v Todd, Panton Alexander
Civil Procedure — Relief from sanctions — Application in respect of List of Documents and Witness Statement filed out of time — Application filed five and a half months after noncompliance brought to counsel’s attention by the trial judge — List of Documents omitted from first application and added only on amendment — Whether application made promptly under rule 26.8(1)(a) — Pattern of repeated non-compliance with case management orders — Whether good explanation for default — Whether general compliance with other rules and orders — Unless order in force — Importance of Listing Questionnair
Duncan, Gregory v Chen Green & Co.
Contract - Breach of Contract - Attorney’s Lien - Multiple Representation and Conflict - Client Loan - Client Trust Account
Maxwell, Keon v Chambers, Karin and Anthony Chambers
Assessment of damages - Personal injury –– Motor vehicle Collision –– Negligence –– Pain and suffering and loss of amenities –– Special damages.
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