2017

Sewell, Marlene v Sewell, Andrew

Matrimonial Property – Division of matrimonial home – Division of household items – Claim for maintenance by wife – Lump sum – Adjustment of pension rights – Section 6 of The Property (Rights of Spouses) Act – Sections 3 (2), 5, 14 and 15 of The Maintenance Act.

McCormock, Simon George v McCormock, Cecile Alicia Nadine

Property Rights of Spouses Act, sections 26, 7, 12, 13, 14 - Whether family home if one spouse owned property with former spouse during marriage – Both Residence and Ownership tests to be satisfied to be considered family home.

Rowe, Richard v Thompson, Joseph Lloyd

Negligence – Duty of care – Action to avoid accident – Duty to observe ordinary care care to avoid injury to person and damage to property
out and observance of traffic light.

 

National Import-Export Bank of Jamaica v Montego Bay Investment Company Limited

Statutory interpretation – Sections 63 and 88 of the Registration of Titles Act – Registered land - Deed of Gift - Whether an unregistered transfer confers ownership of the land upon the transferee – Whether the execution of the instrument of transfer converts the transferor’s intention into ownership on the part of the transferee – Sale of land

The Jamaican Bar Association v The Attorney General and the General Legal Council

The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011– Whether the Regime infringes sections 13(3)(a),(c), (j) and (r), 14(2)(d), 16(1), (2) and (6)(c) of the Charter – The Proceeds of Crime Act, 2007, as Amended – Whether the reporting obligations imposed on attorneys by sections 94 and 95 breaches attorney/client privilege, legal professional privilege,

Brown, James v Rodney, Karl and Rodney, Maureen

Claim for recovery of possession of property – Defendants’ application to strike out claimant’s statement of case – Defendants’ application for summary judgment – Claim form proceedings – Whether claim ought to have been commenced by means of fixed date claim form – Conversion of proceedings – Basis for striking out statement of case – Abuse of process – Consideration of claimant’s statement of case.

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