2013

Bank of Nova Scotia Jamaica Limited v Stephenson, Carl and Stephenson, Ileen

Application to strike out pursuant to Civil Procedure Rules – Distinction between "new proceedings" and "old proceedings" – Rule 73.3(1) of New CPR Rules – Old proceedings not within Hilary Term within Non-Hilary Term – Case Management Conference – Whether default judgment automatically struck out for failure to comply with Rule – Whether judgment enforceable

Union of Clerical, Administrative and Supervisory Employees, National Workers Union, Bustamante Industrial Trade Union (‘The Unions’) v The Industrial Disputes Tribunal et al

Judicial Review – Error of law – Whether error of law need be ‘on face of record’ – Inferior tribunal and presumption of regularity – Failure of majority members of inferior tribunal to provide fulsome reasons for award made – Interpretation of contractual agreement – Parties’ discussions during contractual negotiations – Parties’ expressions of understanding of draft agreement as expressed during contractual negotiations – Parties’ expressions of respective interpretations of contractual agreement after agreement reached – Implied terms – Reference to custom and practice in interpretation

Tucker, Toussant v Bogues, Inez

Application to strike out claim form and affidavit in support - Limitation period - Whether filing of claim outside of limitation period negates existence of cause of action -  Date of time beginning to run for purposes of Limitation of Action Act - Whether reasonable cause of action exists.

Belnavis, Gerald v Belnavis, Laverne

Husband and wife – Property (Rights of Spouse) ACT – Whether home family home – Whether claimant entitled to equal share in family home – Partition ACT – Whether applicable 

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