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).
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.
Facey, Jason Nicholas v Innovative Exterminators Ltd et al
Assessment of Damages – Damages for Negligence – Quantum of Damages – Whiplash Type Injury to Neck – Lumbar Strain
Ray Morgan V Clerk of Court, Kingston & St. Andrew Parish Court 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 AWARDED
Andy Francis V Jacqueline Salmon
Civil procedure – Application for leave to appeal – Application for stay of execution
Crafton Jennings V Russell Welsh & Rupert Welsh
JURISDICTION OF THE COURT – VALIDITY OF CLAIM FORM – EFFECT OF APPLICATION – TWELVE MONTH EXTENSION IN SINGLE APPLICATION – CLAIM FORM DECLARED NULLITY
The Bank of Nova Scotia Jamaica Limited v The Minister of Labour and Social Security and Cynthia Wade
JUDICIAL REVIEW – Industrial Dispute - Unjustifiable dismissal/Termination on basis of redundancy - Discretion of the Minister to refer a dispute to IDT as per Section 11(1)(a) - Whether the Minister's decision to refer the Affected Party’s dispute to IDT was irrational based on the information before him - Whether the dispute is barred from litigation by virtue of a signed waiver to waive future claims arising from the said termination/dismissal.
Dawkins, Theresa v Davidson, Patrick, Annalesa Williams-Davidson and Andrew Williams
Tort – Negligence – Personal Injury – Assessment of Damages – Injured party died before assessment of damages – Principles involved in assessing damages where party dies before assessment of damages – Civil Practice and Procedure – Assessment of damages – Quantum of damages – Whether assessment should be substantial damages or nominal damages.
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