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
Jamaica Police Co-operative Credit Union Society v The Minister of Labour and Social Security
Judicial Review - Whether industrial dispute existed at the time of referral by the Minister - Waiver - Estoppel by conduct - Labour Relations and Industrial Disputes Act
Commission of Strata Corporation v Strata Appeals Tribunal
Judicial Review - Right to a fair hearing - Duty to give reasons - Right to be heard orally - Right to be present
Dawson, Sharryn v Diabetes Centre Limited
Injunctions - Whether American Cyanamid principles applicable if Defendant has no arguable defence to claim
Landlord and Tenant – Whether tenant can consent to irregular notice
Edwards, Leroy v Gonzales, Miguel
Application for inspection of Document - Whether the Defendant has a right to Withhold Inspection - Rules - 28.1;28.2;28.7;28.12
Williams, Avis v The Attorney General of Jamaica
Personal Injury - Negligence - Breach of duty of care - Employer’s duty to employee - Occupiers’ Liability Act - Common duty to take care - Assessment of damages.
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