2011

Motor vehicle collision – Pleadings – Evidence – Credibility – Assessment of damages

Arrest of vessel – Admiralty jurisdiction of the supreme court – Whether arrest within jurisdiction of court – Application for release of vessel - Security for costs.

Indecom Act - Application for Leave to Apply for Judicial Review - Powers of Arrest.

Trust – Presumed resulting trust – Couple in intimate relationship – Real property bought in both their names as tenants in common – Woman providing the entire
purchase money – Man alleging that house bought as a gift to him - Whether resulting trust arises
Equity – Presumption of advancement – Whether applicable to lovers – Whether statements by woman created a case of proprietary estoppel - Woman’s intention at the time of incurring expenditure – Whether man relying on representations by woman - Whether equitable interest created thereby.
 

Application challenging the appointment of receiver/manager - Whether of receiever/manager can be set aside ex devito justiticiae - Whether part 51 of CPR is applicable generally to the appontment of receiver/manager - Whether failure by judge to state that security for costs is dispensed with vitiates appointment.

Medical Negligence – Breach of Duty – Causation

Husband and Wife – Property division – Husband sending money to wife at her request for various matters – He sent the money to her to “take care ofbusiness” – Whether remittances secured an interest in the wife’s business enterprise or a motor car or other chattels purchased by the wife – Whethersale of the business enterprise precludes the court from making an order concerning same.

Contested application for leave to apply for judicial review – whether governments right to change its policy can be fettered by Legitimate Expectation arising from its previous promise or conduct – Right to be heard.

Application for custody and maintenance

Securities act and securities (take-overs and mergers) regulations, 1999 – Rules of the Jamaica stock exchange – Whether right of appeal or judicial review-nature of section 25 proceedings – Take-over bid circular – Duty to treat with same standard of care as prospectus – Whether satisfactory proof that offeror able or will be able to implement the offer in full – Tom regulations 24, 16(1)(g), 14(3) – Duties of parties to takeover to prevent false market in shares – Whether bona fide offer – Whether issue of dissatisfaction by directors of offeree board to be dealt with in directors’ circul