2017

Land – Transfer by way of gift by elderly parents to adult child – Whether Undue Influence Proved – Whether Fraud Proved – Whether Donor had Requisite Mental Capacity – Whether Transfer Inequitable and Unconscionable – Registration of Titles Act.

Negligence - Motor vehicle accident - Diametrically opposed versions -
Assessment of damages.

Contract - Enforceability challenges on the grounds of illegality - Of Enforceability challenged on the grounds of uncertaintly.

Order for specified service on insurance company - Whether insurance company made reasonable efforts to locate insured - What amounts to reasonable effort

Whether insurer entitled to declaration – Whether defendant has insurable interest in subject matter of insurance – Whether there was nondisclosure and/or misrepresentation – Whether warranty clause was breached – Whether insurer entitled to avoid policy

Extension of time to file defence - Length of delay - Whether good explanation offered for delay - Whether defendant has a good defence - Abandoning part of claim

Personal Injury  Wet kitchen floor at hotel, waitress falls – Assessment of Damages.

CLAIM FOR DAMAGES FOR NEGLIGENCE – CLAIM FOR HANDICAP ON THE LABOUR MARKET – CLAIM FOR LOSS OF FUTURE EARNINGS – MULTIPLIER/MULTIPLICAND APPROACH – LUMP SUM APPROACH – DISTINCTION BETWEEN A CLAIM FOR LOSS OF FUTURE EARNINGS AND A LOSS OF EARNING CAPACITY – HANDICAP ON THE LABOUR MARKET – GENERAL DAMAGES FOR PAIN AND SUFFERING AND LOSS OF AMENITIES – CLAIMANT WAS A WELDER – CLAIMANT’S LEG WAS AMPUTATED DUE TO THE CROWN’S NEGLIGENCE – LOSS OF EARNINGS UP UNTIL DATE OF TRIAL TO BE TREATED AS AN ITEM OF SPECIAL DAMAGES – LOSS OF EARNINGS EXPECTED AFTER TRIAL TO BE TREATED AS AN ITEM OF GENERAL

Adverse Possession – whether defendant’s title to part of her land was extinguished – whether there were sufficient unequivocal acts of ownership by the claimant – Registration of Titles Act

Whether Agreement was Joint Venture or Tenancy – Whether Defendant entitled to Compensation for Infrastructural Works, Buildings, Loss of Income and Profit
Seon Hanson instructed by Abendema & Abendema for the 1st Claimant.
William Hines instructed by Robinson, Phillips & Whitehorne for the Defendant
Heard: 13th, 14th, 15th, 16th & 17th November, 2017, 1st and 27th December, 2017