Clarke, Marline and Clarke, Monique et al v Clarke, Enos
Application for extension of time to file defence - Whether delay inordinate - Whether there is a good reason for delay - Whether there is an agruable case - Rule 10.2, 10.3, 26 (1) 2 and 68.62.
Cassava Piece Development and Education Centre v The Ministry of Labour and Social Security and The Industrial Disputes Tribunal
Application to be heard by affected third party on an application for leave to commence judicial review proceedings - Whether overriding objective applies to part 56 of the Civil Procedure Rules - Whether judge has discretion to allow affected third party to be heard at the leave stage - Whether judge has power to invite submissions from a third party to assist in the just disposal of the application – Part 56 Civil procedure rules
Bramwell, Dammel (By next friend and father David Bramwell) v Mowatt, Everton and Gayle, Herbert et al Between Mowatt, Everton and Gayle, Herbert
Negligence – Driver of car – Duty to passenger in car – Common law and statutory duty of care - Res ipsa loquitur - Contributory negligence –Apportionment of liability between defendants – Quantum of damages.
Perrier, Anthonette v McMaster's Meat Mart Limited
Negligence - Personal injury – Duty of employer - Occupier’s Liability Act.
Administrator General of Jamaica (Administrator - Estate of David Benloss, deceased) v People's Favourite Baking Company Limited and Romaine Henry Consolidated with Smith, Lyncent et al
Wrongful death and Injury – Multiplier/multiplicand – Loss of expectation of life – Pain and suffering - Funeral and testamentary expenses – The Fatal Accidents Act - The Law Reform (Miscellaneous Provisions) Act - Driver acting as servant or agent - Onus of rebutting presumption of agency.
Ball, Andrea v Victoria Mutual Building Society, David Thwaites & Associates Ltd, Karen Thomas et al
Mortgages - Duty of care of Mortgagee in exercising power of sale - Whether reliance can be placed on price achieved at auction - Whether price obtained at auction was due to fault of Mortgagee.
Blue Waves Investment Limited v Jamaica Bauxite Mining Limited
Interim Payment – Claim based on estoppel – Defendant expressed preparedness to pay part of claim – Defendant has counterclaim exceeding that amount – No Defence to counterclaim filed – Whether interim payment to be ordered.
Davis, Jephtah v Marshall, Roy
Substituted service - Application to set aside substituted service - Default judgment - Insurer saying they are unable to contact insured - Tests to be applied.
Bryan, Yvette v Bryan, Donovan
Family Law - Division of property – Equal share rule- Family home acquired before marriage - Other matrimonial property - Division of properties registered post separation - Entitlement to company shares. Property (Rights of Spouses) Act S. 6 (1) (a), 7 (1), 10, 14 (4) & 15.