Clarke, Satnaren v Jamaica Urban Transit Company Limited
Negligence - Duty of care - Bus driver to passenger - Res Ipsa Loquitur - Causation.
Lindsay, Michelle v Whitfield, Firset and Jamaica Urban Transit Company
Assault and Battery – Vicarious liability – Driver of bus repeatedly assaulting
passenger – Whether tort so closely connected to the employment as to hold
employer liable – Whether driver on a “frolic of her own”.
Carter, Nigel v Smith, Norton and Baxter, Charles and the Attorney General
Civil Procedure - Application to amend further further Amended particulars of claim dated August 9, 2016 - Civil Procedure Rule 20.4.
Downer Hamilton, Erica and Discovery Bay Community Development Committee Limited et al v National Environment and Planning Agency
Leave for Judicial Review - Delay – Is there a duty to conduct an environmental impact assessment
Morris, Devon v Morris, ,Cherrida and Mangaroo-McBean, Morlyn et al
Injunction - Principles to be applied - Applicant not registered legal owner but executed an agreement for sale with a third party – Whether there should be payment into court by mortgagor under ‘Marbella principle’ - Exceptions to applicability of the principle – Whether sending of cheque to Mortgagee amounts to an appropriate payment or other security.
McKnight, Mitzie (As Administratrix Estate Aldaine Lumsden) v Rodney, Derval and Beaumont's Car Rental & Tours Ltd
Civil Procedure - Application to set aside default judgment and for permission to file defence out of time - Civil Procedure Rule 13.3
The Assets Recovery Agency v The Administrator General of Jamaica (Administrator of the estate of Yowo Morle, deceased) v Clarke, Hazel and Morle, Nomora
Earlier claim struck out arising from breach of unless order – Whether subsequent claim made on same basis as earlier claim is an abuse of process – Constitutional rights of access to court for resolution of disputes – Need for there to be appropriate use of the court’s limited resources – Proceeds of crime case – Need for party in default of compliance to file affidavit evidence
Barnaby-Stoddart, Kerry-Ann v Barker, Renville and Williams, Eric
Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules.
Civil procedure – Whether rule 6.8 applies to the claim form – Whether it would be appropriate to dispense with the service of the claim form.
McMain, Beverley v Carby, Trevor Anthony
Family Law — Section 13 of the Property (Rights of Spouses) Act - Fixed Date Claim Form filed seeking division of matrimonial home and an extension of time to make claim out of time - No separate Application filed seeking an extension of time -
Validity of Fixed Date Claim Form.
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