2017

Barnett, Keino v Byfield, Roland and Clarke, Tyrone

Negligence – Motor vehicle collision – Light controlled intersection – Defendant making right turn across highway – Amber light – Meaning – Road Traffic Regulations – Evidence – Admissibility of result of a criminal trial – Contributory negligence – Damages – Fractured legs – Re-fracture – Whether second injury remote – Domestic help paid for by another – Whether recoverable by Claimant – Mitigation – Whether defendant to plead – Ancillary Claim – Whether injuries to be particularised.

Lawrence, Michael v Bell, Leon; Smith, Vaughn and Clarke, James

Negligence - Motor vehicular accident – Disabled vehicle – Collision with the back of a stationary truck – Claimant injured while being a passenger in the bus– Whether the driver of the bus or the owner of the truck breached their duty of care owed to the claimant – The Road Traffic Act – Island Traffic Authority Road Code 1987 – Assessment of damages

Knight, Marjorie v Hume, Lancelot

Property law – Contract - Breach of contract - Contract for the sale of undeveloped land - Purchaser put in possession - Land improved - Specific performance - Whether claim statute-barred - Limitation of Actions Act ss. 3,25, 27, 28 & 30 - Local Improvements Act ss. 5 & 13.

The Assets Recovery Agency v Dunbar, Robert Sylvester and Dunbar, Christina

Forfeiture of Assets – Application for Interim Order – Claim filed twice with same number - Whether service of second filed claim valid - Affidavit pre-dates claim and application which were served - Whether valid - Delay in making application - Application inter partes - Whether honest belief reasonably held that Defendants likely to dissipate assets - Whether evidence in support of application sufficient - Whether Act has retroactive effect.

Insurance Company of the West Indies v Davis, Desmond

Insurance Law – Whether failure to disclose the use of a motor vehicle amounts to misrepresentation and/or non-disclosure of material facts – Breach of warranty of contract – Avoidance of policy of insurance by Insurer – The Motor Vehicles Insurance (Third-Party Risks) Act, section 18.

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