2018

Austin, Dale v The Public Service Commission and The Attorney General of Jamaica

Unless order - Striking out of defendant's statement of case - Whether defendants whose case has been struck out can participate in assessment of damages hearing - To whom extent can the defendants whose case has been struck out participate in an assessment of damages hearing - Fundamental rights of defendant - Proportionality of restriction on defendant's rights to objective of striking out the defendant's statement of case.

Evans, Nadine v University Hospital of The West Indies et al

Sections 22, 24, 32, 35 and 36 of the Registration (Births and Deaths) Act - Section 6 of the Coroners Act - Whether the University Hospital of the West Indies has any legal basis for refusing to release the body of the deceased to her next of kin.

Levy, Ian and Levy, Cecelia v Atherton, Julie et al

Contract - Dispute as to nature and validity of contract - Contract referring to loan/eqity - Whether monies advanced was for a loan or an equity investment - Whether the written contract was so ambigious as to call into question the contra proferentem rule - Whether contract in breach of the Moneylending Act.

Contract - Sums paid under an earlier agreement - Later agreement superseding the earlier agreement by incorporating its terms - Whether consideration past.

Gayle, David v Sol Petroleum Jamaica Limited

Contract - Contract of employment - Whether period of probation was extended - Whether sufficient notice of termination - Whether there is an implied term of trust and confidence in an employment agreement - Whether breach of such as term can override an express contractual term specifying the appropriate period of notice.

Crooks, Nelda v Whitlock, Conroy

Trespass - Who may bring claim - Registered title by description - Construction of descriptive words in context of other evidence. 

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