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.
Administrator General for Jamaica (Administrator of Estate Kevin Andrew Robinson) v White Diamond Hotels & Resort Limited (trading as Royalton White Sands) No. 2
Civil Practice and Procedure - Establishment and effect of conditional order - Rule 26.1(7) - Rule 27.11 - Whether application to vary date for compliance in conditional order is to be made pursuant to rule 26.8 or rule 27.11 - Considerations on application to vary under rule 26.1(7) - Whether time for compliance with conditional order should be varied - Rules 26.3(1) (a) and (b) - Considerations for striking out - Whether statements of case should be struck out for noncompliance with court orders or as an abuse of process - Rule 9.6 - Whether procedure to dispute court’s jurisdiction to tr
Marsh, Marvin v Western Regional Health Authority, Southern Regional Health Authority and The Attorney General of Jamaica
Civil Practice and Procedure – Civil Procedure Rules – Rule 26.8 – Applications for Relief From Sanction – Whether Claimant’s Application for Relief Was Made Promptly – Whether or Not Claimant Would Be Entitled to Relief Otherwise.
Civil Practice and Procedure – Consequence if Application For Relief from Sanction Fails and Witness Statement is Not Allowed – Whether or Not the Claimant’s Claim Should Be Struck Out Due to Lack of Evidence to Support Same at Trial.
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