Johnson, Cheryl v Treasure, Herbert and Johnson, Wayne consolidated with McIntyre, Odaine et al Consolidated with Lothian, Emilyn et al
Negligence – Personal injuries - Question of fact – Causation - Claim for damages.
Branch Developments Limited Trading as Iberostar Rose Hall Beach Hotel v The Bank of Nova Scotia Jamaica Limited
Civil procedure - Application to strike out - Breach of contract - Refusal to strike out - Alternate sanction imposed - Order for payment of costs - Interest awarded on costs - Whether award of interest on costs excessive or unfair - Appropriate period for award of interest - Consideration applied - Judicature (Supreme Court) Act SS 51(1), Rules 64.6(5)(H); 65.15 & 65.19.
Green, Cordell v Stewart, Kingsley
Civil procedure - Mandatory mediation – Mediation agreement entered into by the parties - One party in breach of agreement – No notice of discontinuance filed – No stay of proceedings - Validity of agreement being questioned by one party - Whether original claim can proceed despite agreement –Whether mediation agreement can only be enforced in fresh proceedings where no order made in terms - Application for directions - Rules 1.1; 26.1, 37, 42, and 74, of the Civil Procedure Rules (CPR) 2002.
Donaldson, Aileen v Donaldson's engineering Ltd., Donaldson, Kevin and Donaldson, Karen
Trust – Matrimonial Home – Shares – Whether Claim can be sustained against corporate entity – Whether trust declared or created.
Burgess, Michael v J Wray & Nephew Limited; McCalla, Collin and Crosdale, Conroy
Civil Procedure - Application to strike out - Summary judgment - Application to amend statement of case.
Branch Developments Limited Trading as Iberostar Rose Hall Beach Hotel v The Bank of Nova Scotia Jamaica Limited
Civil Procedure - Applicatin to strike out - Order for specific disclosure - Non compliance with order - Unless order for filing of witness statements - Witness statements filed after date specified - Discrepancies between witness statements and witness summaries - Whether unless order complied with - Previous breaches of court orders - Whether striking out most appropriate sanction - Relevant considerations - Prejudice - Delay - Civil Procedure Rules (CPR) 2002, Rules 26.3 (1) (a); 28.1(4); 28.2; 28.4(1); 28.6; 28.7; 29.6(2); 29.7(2) and 29.7(3)
Baugh, Michael v Ostemeyer, Juliet; Selvaraj, Juliet and Rajpaul, Katherine
Personal Injury – Special Damages – Whether expenditure by Claimant reasonably required to aid recovery – General Damages
Wiggan-Chambers, Patricka V Chambers, Anthony Delroy
Matrimonial Property – Parties Divorced – Division of Matrimonial Property – Whether property is the Family Home – Sections 6, 7, 13 and 14 of the Property (Rights of Spouses) Act.
Clough Long & Co. v Samuels, Adolphy; Samuels, Eugenie; Samuels, Courtney; Samuels, Loraine
“Taxation of Costs – Clients and Attorneys costs – S. 22 of The Legal Profession Act – Rule 65 of Civil Procedure Rules 2002
The Assets Recovery Agency v Rowe, Audrene; Rowe, Andrew; Lewis, Chamen and Gallimore, Basil
Application for discharge of restraint order - Abuse of power - Civil recovery under Proceeds of Crime Act - Sections 32, 33, 34, 84, 85, 86, 87, 88, 119, 120, 121 of the Proceeds of Crime Act - Sections 2 and 17 of the Financial Investigations Division Act.
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