NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



2018

Spencer, Mavis v Hansle, Dennis and Hansle, Petal

Oral Contract for Sale of land – Section 4 of the Statute of Frauds – Deposit made to Vendor – Receipt issued for deposit – Whether receipt sufficient act of part performance – Whether consideration has wholly failed – Promissory Estoppel – Forfeiture of Deposit – Innocent /Negligent/Fraudulent misrepresentation – Caveat against Dealings – Evidence – How to deal with issue of credibility.

ADS Global Limited v Fly Jamaica Limited

Contract - Agreement for the provision of telecommunication services - Services

Provided under three separate contracts - Contracts suspended for non-payment

On invoices - One contract provided for manner in which invoices presented for

Payment should be disputed - Whether there was any legitimate dispute over

Invoicing - Whether there was any right to suspend or to terminate all contracts

For non-payment of invoices due under one contract - Whether damages payable as

a result of the termination of services under the contracts.

Panton, Errol v Panton, Donald and Panton, Desmond

Civil practice and procedure - Application to enforce a foreign judgment - Application made at common law - Defence of fraud, public policy and natural justice raised to impeach judgment - Whether judgment successfully inpeached.

First Global Bank Limited v Spence, Orville and Spence, Nadine

Civil practice and procedure - Service by alternative method - Affidavit of service filed with request for default judgment - Rules requiring court to be satisfied as to service - Affidavit of service to be endoresed by Ciurt that servies is satisfatorily proved - Affidavit not endoresed by Registrar but request for default judgment granted - Whether failure by registrar to endorse affidavit renderes the service defective - Application to strike out claim and for summary judgment due to defect in service - Civil Prodedure Rules, 2002, Part 5, Rule 5.13. 

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