2014

Summary judgment – When appropriate – Allegations of fraud – Recovery of Possession of devised property – Real prospect of success – CPR Rules 1.1, 1.2, 15.2, and 15.6

Civil Procedure - Applications for court orders - Applications made pursuant to liberty to apply clause in a consent order - Whether application for disclosure and verification of sums a variation of the consent order - No requirement for disclosure or verification in the relevant paragraph of the consent order - Whether the liberty to apply clause may be used for such applications - No fraud, misrepresentation or change of circumstances.

False Imprisonment – Malicious Prosecution – Assault – Trespass – Complainant and Claimant complain of Carnal Abuse – No attendance of Complainant at court proceedings – Claimant charged with Attempting to Pervert the Course of Justice
– Claimant claims Damages – Exemplary Damages – Aggravated Damages –
Claimant’s claim fails – No damages awarded.

Civil practice and procedure - Summary judgment - Rule 15, 25 and 26 of the Civil Procedure Rules - Interpretation of contract.

Construction Contract - Breach of contract - Whether contract required parties to arbitrate – Whether architect had authority to certify claim – Effect of architect’s interim and final certificates - Whether sum due on earlier certificate can be paid on later certificate - Whether payment made gratuitously - Whether oral contract is ‘Cost Plus’- Whether claimant entitled to compound interest - Whether claim ought to be determined on quantum meruit basis - whether claim statute barred.

Claim for Possessory Title – Limitation of Actions –Bus Park -- Whether Claimant occupied in his own right and had animus possidendi – Whether Claimant was in possession for 12 years.

Negligence – Defence as to quantum – Assessment of Damages – Knee injury – Scarring – Whether necessary to cross examine in order to make submission challenging evidence.

Constitutional redress- Judicial Review - Unless Order - Claim served without seal in breach of Unless Order - Whether claim to be struck out - Applicant also in apparent contemptuous breach - Whether application to be heard - Application for relief from sanctions.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
I CLAIM NO. 2013 HCV 00215
BETWEEN MISTELLE CORINE BROWN-WEST CLAIMANT
AND BERESFORD ELISHA WEST DEFENDANT
Mrs. Yvonne Ridguard for the Claimant
Mr. Garth McBean Q.C. instructed by Green & Moodie for the Defendant
Heard: July 3 and October 29,2014
Matrimonial PropertyISections 2, 6 and 7 of the Property
[Rights of Spouses] AcUdefinition of the 'family home'/
Sections 12 [I], 13, 14 - lump sum paymenUdivision of
other property
Straw J

IN THE SUPREME COURT OF JUDICATURE
THE CIVIL DIVISION
CLAIM NO. 2014 HCV02278
BETWEEN RURAL TRANSIT ASSOCIATION LIMITED APPLICANT
AND JAMAICA URBAN TRANSIT COMPANY LIMITED 1st RESPONDENT
AND COMMISSIONER OF POLICE 2nd RESPONDENT
AND OFFICE OF UTILITIES REGULATION 3rd RESPONDENT
IN CHAMBERS
Mr. Hugh Wildman and Ms. Keiva Marshall, instructed by Hugh Wildman & Co. for the Applicant.
Mr. Walter H. Scott, Q.C. and Mr. Matthieu Beckford instructed by Rattary Patterson Rattary for the 1st Respondent.