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.
Chue, Blondel v Melan Investment Company Limited and Chung, Sandra (Executrix of the Estate of Melvin Chung, deceased)
Contract - Novation - Whether there was consent of the parties.
Clarke-Lemmon, Veronica (sue as near relative and next of kin of Neville Lemmon, deceased, intestate et al v Attorney General of Jamaica
Limitation of actions – Application for an enlargement of the time for filing a claim form under the Fatal Accidents Act – Considerations for the Court.
Milex Security Services Limited v The Industrial Disputes Tribunal and Gordon, Wesley
Judicial review – Statutory interpretation – Whether the industrial disputes tribunal has the statutory authority to replace more than one member of a three-member division after the hearing of a dispute in relation to which it was constituted has begun and before an award is made – Whether the matter should be remitted to the industrial disputes tribunal for the hearing of the dispute to commence de novo – Labour Relations and Industrial Disputes Act, sections 7, 8(4), 10, 11, 12 and 20, Civil Procedure Rules, 2002, rule 56.16 (2)
McLaren-Josephs, Heather Fern v Josephs, Nigel Archibald
The parties’ interest in the family home – Principal asset – Statutory rule creates an entitlement to equal interest – Equal share rule is the norm but may be displaced – For the rule to be displaced, it has to be shown to be unreasonable or unjust –What constitutes a section 7 factor – No requirement that inheritance factor occurs before the marriage – Once a section 7 factor exists then court can consider all other circumstances including contribution – Inheritance money used to repay mortgage – Post separation contributions do not affect entitlement at separation – Occupation rent – Paym
Hyman, Delsha v O'Connor, Jaye-Ann
Motor vehicle accident - Assessment of damages - Future care - Pain and suffering and loss of amenities - Four medical doctors - Four conflicting assessment of impairment.
Pagination
- Previous page
- Page 18
- Next page