Thomas, Duane v Gardner, Barrington and Gardner, Barrington v Baloga Farms Ltd. and Thomas, Duane
Applications to set judgment aside to remove caveat and for summary judgment - Applications in separate claims heard at the same time - Whether delay explained - Whether real prospect of decence succeeding - Whether interest in land such as to support caveat - Contract - Dispute settled - Whether independent legal advice precludes allegation of undue influence.
Jackson, Paul v Burke, Delroy and Flynn, Alice
Negligence - Motor vehicle accident - Motor vehicle and pedal cyclist - Credibility of parties - Whether claimant contributorily negligent - Damages - Assessment - Personal injury.
J. Wray & Nephew Limited v Commissioner of Taxpayer Appeals Department (Now Revenue Appeals Division, Ministry of Finance & Planning)
Revenue appeal - Respondent's notice of application to strike out appeal for the appellant's failure to comply on time with the pre trial review orders - Rule 26.3(1) (a) of the Civil Procedure Rules - Whether striking out the most appropriate sanction - Appellant's notice of application for extention of time to comply with pre trial review orders.
Francis, Carlton v Edwards, Beatrice; Edwards, Sylvanus et al
Whether property held on trust - Whether joint tenancy severed - Admissibility of statements contained in document purporting to be affidavit which was not properly executed - Whether claimant's interest in property extinguished by virtue of provisions of Limitation of Actions Act - Whether it was necessary to bring claim against Attorney-at-law in possession of duplicate certificate of title.
Taylor, Franklyn (Attorney for Mark Jackson) v Smith, Symar
Locus standi - Whether the action is brought as a relator’s claim - Whether the claimant has the locus standi to bring the claim (Rule 8.12). Breach of Contract - Whether there is a valid contact between the parties - Whether the contract is void for illegality. Negligence - Bailor - Bailee - Whether the defendant/bailee owed a duty of care to the claimant/bailor - Whether the defendant breached his duty of care - Damage to property.
McNeil, David v Public Supermarket Ltd
Application to Dismiss for want of prosecution - Abuse of the process of the court - Whether there is inordinate inexcusable delay - Whether there is or will be incurable prejudice - Whether a fair trial is possible - Rule 1.1 - Rule 26.3 of the Jamaica Civil Procedure Rules (CPR).
Thompson, Keo v Johnson, Valbert; Wright, David and Brown, Phillip
Civil Practice and Procedure - Notice of Application to file Ancillary Claim - Rule 18.5 of the Civil Procedure Rules - Whether Ancillary Claim statute barred - Law Reform (Tort-feasors) Act.
Mais, John Reginald v Administrator General of Jamaica
Judicial review - Substantial change of circumstances case after leave to apply granted - Whether new application for leave to apply needs to be filed - Whether claimant's statement of case can be amended with the leave of the court, specifying new grounds for judicial review - Application for specific disclosure - Variation of earlier court order made by a judge of concurrent jurisdiction - Extension of time to apply for leave - Judicial review procedure.
Roberts, Earnestine v Parkinson, Dave George
Limitation of Actions Act; sections 3, 4, 14 and 30 – Adverse Possession – Whether joint tenancy has been severed – Whether there was a partnership to operate jointly owned property for mutual benefit.
Chung, Patrick v The Attorney General of Jamaica and the Director of Public Prosecutions
Constitutional law – Right to fair trial within a reasonable time – Period before charge 27 years – Period after charge 7 years – Incest – Indecent Assault – Whether delay breached right to hearing within a reasonable time – Whether right to fair hearing breached or is likely to be breached – Whether stay of proceedings the appropriate relief – Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act – Section 16.
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