2019

Atkins, Baldwin and Atkins, Hugh v Bailey, George and Scott, Donovan

Civil procedure – Application for permission for 1st defendant to amend statement of case – Whether proposed amendment to defence raises a different case than that originally pleaded – Whether amendment would prejudice the claimants – Whether 1st defendant’s statement of case is prolix and ought to be struck out – Rules 20.4(2), 26.3(1)(d) and 26.2(2) of the Civil Procedure Rules, 2002, as amended.

Airlink Wireless Network Limited v D.R. Holdings Limited and Rainford, Donald

Lease – Commercial premises – Rent Restriction Act – Whether certificate of exemption has retroactive effect – Whether oral collateral agreement/terms – Re-entry for non-payment of rent – Whether lease lawfully terminated – Whether tort of breach of statutory duty- Whether decision of English Court of Appeal binding - Damages.

Cable and Wireless Jamaica Limited v Sretlaw Media Company Limited

Application for summary judgment - Contract – Flow Super Cup- Claim and Counterclaim- Defence that amounts collected were spent for the Claimant’s benefit – Whether real prospect of success- Counterclaim reliant on an oral agreement – Whether real prospect of success.

Harvest Tabernacle Limited v Jackson, Colin and Brown, Arnaldo A.

Application to set aside judgment in default – Delay in entering acknowledgement of service – Attorney’s error cause of delay – 2nd Defendant an attorney-at-law-Relevance of want of candour - Agreement for sale- Undischarged mortgage on the property- Vendors mortgage also granted to Claimant who was the purchaser- Purchase price paid by instalments- Claimant put in possession- Instalments paid to 2nd Defendant as vendor’s attorney at law -2nd Defendant disbursed payments to his client the 1st Defendant – Payments were not made to mortgagee who exercised power of sale –The Claimant was legal

Webb, Arthurine v Stanberry, Donovan

Administrative Law-Judicial review-Constitutional relief-The public service-
Retirement on the grounds of reorganization- Whether public servant have the
right to be heard prior to compulsory retirement-The Pensions Act-The Public
Service Regulations, 1961

Hamilton, Marilyn v United General Insurance Company

Civil procedure - Appeal against decision of the Registrar to issue an Order for seizure and sale – Civil Procedure Rules, 2002, part 62.
Civil procedure - Order for seizure and sale – whether a Default Costs Certificate may be enforced by that method, Civil Procedure Rules, 2002, rules 45.2, 64.2 (3).
Civil procedure - Order for seizure and sale - Time for issue - Civil Procedure Rules 65.12 (b).
Civil procedure - Whether an order for seizure and sale can be set aside after its execution

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