2019

Simms, Windell v The Administrator General for Jamaica (Representative of the Estate of Milton Morgan, deceased) v Saunders, Earl; Saunders, Isolyn et al

Civil Procedure – Claim form not served on the 2nd defendant prior to the expiration of its validity – Whether the claimant can properly proceed on that claim form against the 2nd defendant – Whether the 2nd defendant waived the service of the claim form by his participation in the proceedings – Whether the action is now statute barred – Whether the claimant can properly proceed against the ancillary defendant on the ancillary claim form – Limitation of Actions Act, 1881, section 46, Limitation Act, 21 Ja. I, c.

Powell, Gauntlett v Bulk Syrup Carriers Petroleum Transport Limited

Negligence – Motor vehicle collision – Whether the ancillary defendant is liable – Expert evidence – Weight – Parties instructing different forensic experts in accident reconstruction – Expert evidence directly conflicting with ancillary claimant’s evidence – Conflicting expert witness testimony – Quantum of damages

AB (A Minor) who sues by her mother and next friend v The Attorney General of Jamaica

Negligence – Action upon the case – Limitation – Whether action statute-barred – Application to amend pleadings – Whether in interests of justice amendments should be allowed – Evidence – Expert witness – Application to rely upon expert evidence – Content of expert witness’s report – Limitation of Actions Act, 1881, section 46, Limitation Act, 21 Ja. I, c. 16, sections 3 and 7, Civil Procedure Rules, 2002, rules 11.6(1), 20.1, 20.4, 20.6, 32.2, 32.3, 32.4(2), 32.6(1), 32.12 and 32.13(3)(a), (b) and (c)

Chen, Tyrone v Constance Cecile Alberga (Executrix of the Estate of Roderick Ivanhoe Francis, deceased) and Constance Cecile Alberga

Application to strike out statement of case – Limitation of Actions Act (LAA) – Simple contract – applicable limitation period – six years – ss. 3 and 46 LAA – no reasonable ground for bringing the claim – abuse of court’s process – No proof of oral agreement/ agreement in writing qualifying as a contract under seal, deed, specialty or obligatory writing for which the limitation period under s. 52 of the LAA is twenty years – Equitable jurisdiction of the court cannot override statute

Regina v Findlay, Kowain

Evidence – Live Link Video - Special measures - Application by prosecution - Whether vulnerable witness - Whether breach of right to a fair trial - Right to confrontation - Right to life - Bench trial - Evidence (Special Measures) Act, 2012, The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, The Constitution of Jamiaca (Order in Council), The Evidence (Special Measures) (Criminal Jurisdiction) (Judicature) (Supreme Court) Rules, 2016

Dystant, Monica v White, Mary

Defamation – Email sent to proprietors in Strata Corporation by Secretary - Whether words defamatory – Whether Defendant absolved under Registration (Strata Titles) Act, Section 9A – Qualified Privilege – Justification – Fair Comment

Pages

Covid-19

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023