Thomas, Sydney v Brown-Thomas, Elaine

Property (Rights of Spouses) Act – Matrimonial home acquired prior to marriage by one spouse – Whether husband entitled to 50% - Delay in making application – Separation but no dissolution of marriage – Whether time is to be extended.

Pine, Miguel v Commissioner of Police

Judicial Review – Application for leave to apply for Judicial Review – Breach of Natural Justice – Fair Hearing – Remedies – Mandamus – Reinstatement of Probationary Officer – Usurpation of Statutory Authority – Sparing exercise of Court’s discretion to reinstate – Conflict of evidence between Parties - Public interest element – Mandamus imposed where there is a clear duty and not mere discretion – Promptness of Application for leave – Delay – Whether there is a good reason for Delay – Arguable ground with a Real Prospect of Success.

Dunkley, Carlton v Chen, Jeremy and Chen, Lisa

Breach of Contract – Oral Agreement for sale and purchase of Motorcar – Recovery of sum due and owing – Interest at Commercial Bank Rate - Beneficial and Legal owner - Counterclaim – Failure of Consideration – Rental Arrears – Insufficient evidence – No receipt of payment - No date of payment – Substantial deprivation of Benefits – Least difficulty or embarrassment caused by burden – Proof of positive proposition preferred than negative proposition – Judgment for the Claimant.



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Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023