2019

Henderson, Anthea v Hamilton Hernal Linton

Civil Procedure – Claim Form expired before service upon the Defendant – Life of the Claim Form not extended pursuant to CPR Part 8 – Whether the Court can extend the validity of the Claim Form pursuant to rule 26 1(2)(c) of the Civil Procedure Rule (CPR) – Does rule 3.5(1) of the CPR as amended in 2011 apply to the service and filing of a Claim Form and Particulars of Claim during the long vacation period.

McDonald Millingen v Geddes, Margie and Bardi Limited

Remedies - Enforcement of Judgment - Application to vary ex-parte provisional charging order - Whether property can be subject of order
Company Law - Lifting the corporate veil - Principles to be applied.
Legal Profession - Whether bill of costs is the proper procedure to make a claim based on quantum meruit - Restitution - Procedure to be followed in making a quantum meruit claim based on unjust enrichment.

OMeally Johnson, Dorrett v Medical and Immuniodiagnostic Laboratory Limited, Timos Trading and DJH Inc.

Claim for damages for negligence – Occupiers’ liability – Application to strike out claim – application for summary judgement – Ancillary claim – Application to strike out – Distinction between application for summary judgment and application to strike out claim on the ground that the claimant’s statement of case discloses no reasonable grounds for bringing a claim – Distinction between application for summary judgment and application for default judgment – Ancillary claimant’s statement of case not verified by a certificate of truth – Whether ancillary claimant’s statement of case should b

Oddman, Fern v Airports Authority of Jamaica and Delta Airlines

Statutory Interpretation - International carriage - Passenger sustaining injury at airport terminal when descending stairs on way towards aircraft - Whether Montreal Convention 1999 applicable - Carriage by Air (Montreal Convention) Act - Civil procedure - Summary judgment and striking out - Principles to be applied

Barnes, Arva and Hall, Everton v Campbell, Launa

Land law - Recovery of possession – Adverse possession – Whether claim filed after expiry of limitation period – When does right to bring claim accrue – Whether claimants dispossessed defendant – Whether defendant in legal possession of property - Limitation of Actions Act ss. 3 and 30. Registration of Titles Act ss. 68 and 88.

Branch Development Ltd. TA Iberostar Rose Hall Beach Hotel v The Bank of Nova Scotia Jamaica Limited

Applicability of Account Agreements – Generally, later contracts rescind or vary previous contracts in relation to the same subject matter – Most recent Agreement applicable – No basis to have recourse to the common law – Implied Plea of non est factum – No duty to explain effect of Agreements – Fraudulent cheques containing forged signatures – Account debited based on the payments on fraudulent cheques – Alleged breach of contract – Express provisions covering customer’s duties – Effect of forgery clause – Forgery clause neither unreasonable nor ambiguous – Scope of verification/conclusive

Administrator General of Jamaica (on behalf of the Estate and Near Relations Stephen Lloyd Spencer, deceased) v Cool Petroleum Ltd et al

Application to set aside default judgment – Rule 13 of the Civil Procedure Rules (CPR) – Whether application for relief from sanctions under rule 26 of the CPR is required – Requirements to set aside default judgment – Real prospect of success in defending claim is foremost consideration – Applicant must have an affidavit of merit – Waiver of affidavit of merit possible only in exceptional circumstances – Applicant must have acted promptly and have a good explanation for failure to comply – Court still has discretion to set aside judgment where application not prompt and there is no good ex

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