2018

Lyn's Funeral Home v Fearon, Paul

Application to set aside default judgment - Whether or not default judgment was regularly obtained - Whether applicant can plead inconsistent alternative grounds in support of application - Whether to serve accompanying documents along with the claim form and particulars of claim renders the claims a nullity - How to properly dispute the Court's jurisdiction to try the claim.

Patrick-Gardner, Deborah v Mendez and Public Service Commission

Administrative law - Judicial review - Constitutional relief - The Public Service - Compulsory retirement - Retirement on the grounds of re-organization redeployment - Whether public servant has the right to be heard prior to compulsory retirement - Whether the Judicature (Supreme Court) (Amendment) Act, 2016 is unconstitutional - Separation of powers - Jamaica (Constitution) Order in Council, 1962 - The Pensions Act - The Public Service Regulations, 1961 - Locus standi - Certiorari - Order of prohibition - Permanent injunction - Damages in public law - Declarations.

Abrahams, Eric Jason v Cable and Wireless Jamaica Limited

Company Law - Application for permission to bring a derivative action outside the jurisdiction - Preliminary point as to jurisdiction - Whether S. 212 of Companies Act applies only to actions in Jamaica – Whether application ought to be by Fixed Date Claim

Davis, Marlene v Davis, Hugh Ashley

Date of separation - Divisin of family home - Equal share rule - Partnership of equals - Variarion of equal share rule - Unjust - Unreasonable - Factors to be considered - What is fair and just in the circumstances - Contribution - Other factor - Ownership of other property - Burden of proof - Division of property other than family home - Occupation rent - Mense profit - Definition of property - Inherent jurisdiction.

Gordon, Errol v Gordon, Lorna June (Nee Forsythe)

Division of matrimonial property - Family home - Other property - Proceeds of sale of family home used to purchase other property - Other property registered solely to one spouse – Beneficial interest of spouse - Rent

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