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.
Forrest, Medine v Walker, Kevin Anthony and Pitt, Jhanelle Sabrina
Civil Practice and Procedure - Notice of application for summary judgment - Rule 15.2 (b) of the Civil Procedure Rules - Whether the defence has a realistic prospect of success - Whether the defence contains bare denial and in breach of Rule 10. 5 of the Civil Procedure Rules.
Tyrell, Dwayne v Manning, Orayne Consolidated with Dunstan, Jerome and Manning, Orayne
Assessment of damages - The role of expert witnesses - The explanation of terms in expert reports.
Bloomfield, Winston v West, Markis Sandra and Wilson, Thelma
Probate - Will - Validity - Forgery- Undue influence - Whether testator possessed testamentary capacity at the time of execution of Will - Whether signature on Will was that of the testator - Expert Evidence.
Cunningham, Christopher v Ewan, Debulin, Baker, Clayton and Ferguson, Rodville
Civil Practice and Procedure - Notice of Application for Interim Payment - Part 17 of the Civil Procedure Rules - Rules 17.5 and 17.6 of the Civil Procedure Rules - Principles to be considered by the Court.
James, Dalma (Trustee of the Bankruptcy estate of Brian Walks) v Walks, Brian and Walks, Sheryll Elaine
Insolvency - Whether trustee disqualified - Application for sale of property jointly owned by bankrupt - Whether bankrupt can challenge decision of trustee - Real Property - Application pursuant to Partitions Act for sale of jointly owned property - Principles to be applied.
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