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Vision 

A world-class judiciary utilizing innovation and technology for efficient service delivery.

Mission

To provide sound, timely judgements and efficient court services in an environment where all stakeholders are valued.

Burke Scott, Joyce and Burke, Jennifer v Whittaker, Denise and Burke, LLoyd et al

Real Property - Division of Property- Tenants in Common – Whether parties whose names appear on title hold beneficial interests in property - Whether Defendants hold property on trust for the Claimants – Whether Court finds beneficial interests different from legal interests - Whether Ancillary Defendants committed trespass, nuisance and assault against Ancillary Claimants – Whether co-owner of property can sue other co-owner for trespass - vicarious liability – whether agency

UC Rusal Alumina Jamaica Limited v Financial Services Commission , Chun, Marcia; Miller, Wynette et al

Application for leave to apply for Judicial Review - Court acts as the gate keeper - Role of the Judicial Review Court - Alternative statutory remedy - Appropriateness - Powers of the appeal tribuna l- Illegality/ Unlawfulness - Exceptional circumstances- Interim Injunction- Balance of convenience - Irremediable prejudice - What constitutes consultation- Failure to consult - Failure to give reasons - Potential for bias - Failure to pursue alternative statutory remedy- Pension Fund - Trustees discretion- Interpretation of legislative provisions – Irrationality of decision

West, Gerald v Martin, Alton

Application for Extension of Time to File Defence pursuant to rules 10.3 (9) and 26.1(2)(c) of the Civil Procedure Rule (CPR) as amended – Length of Delay – Whether a good explanation is offered for the delay – Whether the Defendant has a good defence – whether the Claimant would suffer prejudice if the application is granted.

Morrison, Mitzie Niocia v Johnson, Philemon Joseph

Contract – Mental capacity to contract – Defendant’s mental disorder – Knowledge of the other contracting party – Averment of knowledge – Onus of proof – Whether the separation agreement is voidable by virtue of the defendant’s mental disorder – The bases on which matrimonial property is to be divided between the claimant and the defendant – Mental Health Act, section 2, The Property (Rights of Spouses) Act, sections 2, 4, 10, 13, 14 and 15

Cole, Pauline v Insurance Company of the West Indies

Admissibility of statement of unavailable witness – Proof of conditions precedent
to reception in evidence – Procedure to determine admissibility at trial –
Statement must be relevant and its prejudicial effect should not outweigh its
probative value – Contract of insurance is a contract uberrima fides – Assured
has obligation to be truthful and make full disclosure of material facts – Insurer
seeking to avoid contract has a duty to establish that material facts were
misrepresented/undisclosed and that it was induced by the misrepresentation/

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