Lunan, Ian v Sudine, Rohan
Tenancy agreement – Periodic tenancy – Notice to quit – Re – entry by landlord onto leased premises – Failure of tenant to end occupation of leased premises – Claim for damages for breach of contract and damages for lost opportunity – whether there was a breach of contract by the parties – Failure by claimant to comply with terms of lease – Failure by defendant to comply with terms of lease – Proof of special damages
JN General Insurance v Fairweather, Debbie-Ann
Insurance - Whether material non - disclosure - Whether insurer can avoid policy - Clause stated to be basis of contract
Commissioner of the Independent Commission of Investigations v The Commissioner of the Jamaica Constabulary Force
Statutory interpretation - Whether Independent Commissioner can obtain documents under any of those provisions - Independent Commission of Investigations Act - Interpretation Act S. 4, 12 and 21 of the Statute
Bailey Terrelonge Allen (A firm) v National Transport Co-operative Society Limited
Recovery of Attorney’s costs – Contingency Agreement - Application for an Interim Declaration – Application for a Charging Order - Solicitors Act – Part 48 of Civil Procedure Rules – Section 28D of the Judicature (Supreme Court) Act - Whether Charging Order and/or Interim Declaration can be granted in the circumstances – Abridgement of time to hear application – Does the circumstances warrant an abridgment of time – Application for Interim Declaration granted – Application for a Charging Order refused – Application for Abridgement of time refused.
Thomas, Enid v Thoms, Christopher
Breach of contract – Building contract- Abandonment of construction of house – Implied condition of cooperation- Measure of damages
The Rural Transit Association Ltd v Jamaica Urban Transit Company Ltd. Consolidated with V & B Transport Ltd. v Jamaica Urban Transit Company Ltd.
Judicial Review - Application for leave – Orders of Certiorari and Prohibition - Threshold Test – Whether sub-franchise fee imposed by JUTC is ultra vires – Whether JUTC is regulating public passenger transportation - Civil Procedure Rules Part 56
Minor, Pamela v Sandals Resort International Ltd. (Trading as Beaches Negril Resort and Spa), Real Resorts Ltd. and Beaches Management Ltd.
Breach of statutory duty - Occupiers liability – Negligence - Contract - Slip and fall on wet stairway at hotel resort – Whether wet stairway constituted an unusual danger – Definition of occupier - Whether defendants. were joint occupiers of hotel resport - Res Ipsa Loquitur
Bogle, Amy v The Transport Authority Consolidated with Bogle, Amy v Bowen, Lloyd; Saunders, Pauline et al
Damages for detinue or conversion - Negligence - Need for claimant to prove unqualified demand for return of item alledgedly unlawfully detained – Burden of proof of 'positive defence' - Burden of proof as regards issue of mitigation of damages.
Morrison, Harold v Phipps, Frank; Phipps, Pearl; Phipps, Kathryn and Satterswaite, Dawn et al
Injunction - Applicationfor injunction - Restrictive covenant - Allegationof fraud - Whether covenant annexed to land - Sections
Powell, Leslie v Virgo, Andrew and Fulton, Christopher
Civil Procedure - Application to set aside default judgment - CPR Rule 13.2-CPR Rule 13.3 - Application to set aside irregularly obtained judgment - Applicant also relying on CPR Rule 13.3 - Tests to be applied in either situation - Whether judgment should be set aside.
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