Scotia Jamaica Building Society v Henry, Andrea

Civil Procedure – Setting aside default judgment – Whether the defendant has a real prospect of successfully defending claim - Rule 13.3 of the Civil Procedure Rules, 2002, (as amended 18 September 2006)

Regina v Howitt, Lenworth

DNA Evidence Act 2016 − Non-intimate sample sought from accused − Accused
consented then withdrew consent to provide sample − Whether Court order
required for the taking of a non-intimate sample from an adult who does not
consent − Whether sample can only be taken during the “investigative stage”
before a defendant has been charged and placed before the court − Interpretation
of Sections 2, 15, 20 and 25 of the Act.

Moore, Balvine v Mills, Marcia Andrea et al

Application to set aside Default Judgment- Defendant filed an Acknowledgement of Service but failed to File Defence. - Whether, there is good reason for the delay - Whether information contained in the Acknowledgment of Service amounts to an Admission of the Claim - Whether the Defence has a real prospect of success. Rules 1.1,1.2 13.3,,13.6.

Green, Stephenson v Green, June

Whether defendant a licensee - Whether there is evidence capable of supporting finding that defendant is a licensee who has acquired a proprietary interest - Whether evidence to support finding that property is family home

Tanner, Mary Elaine (Executrix of the Estate of Donald Tanner) v Brown, Karlene and Brown, Sophia et al

Probate  Executrix overseas-Locus standi to bring claim –Affidavit evidence- Whether hearsay and inadmissible- Whether equitable mortgage valid –Whether promissory note enforceable-Interpretation of promissory note-Whether “on or before” sufficiently certain- Whether promise made by testator prior to his death enforceable against estate – Whether debt discharged –Whether equitable mortgage enforceable against non-parties to the loan- Whether equitable mortgagors estopped- Undertaking-Whether attorney at law in breach.

Dennis, Richard v Hew, Raymond

Contract – Illegality – Whether contract illegal by virtue of statute
Contract – Fraud – Whether claimant induced by fraud
Civil Procedure – Pleadings – Amended particulars of claim filed without permission of the court – Whether properly before the court

Grant, Owen and Israel Transport and Equipment Company Limited v Hartwell, Herbert and Moodie, Stephen

Insolvency - Procedure for application for receiving order - Whether previous failure to enforce judgment precludes application for receiving order – Whether stale dated judgment can ground application for receiving order - Whether failure to pay debt to single debtor can establish that debtor has ceased to meet liabilities generally as they become due. Conditions for appointment of Government Trustee - The Insolvency Act, 2014



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