2020

Nelson, Collin v Jamaica International Insurance Company Limited

Insurance law - Breach of insurance contract – Whether claimant breached the
terms of the policy – Incorporation of terms and conditions - Whether failure to
refer claim to arbitration is fatal. Motor Vehicles Insurance (Third-Party Risks) Act
sections 2 and 4. Arbitration Act s.5. Arbitration Act, 2017 s. 5.

Saunders, Ezekiel v Pepsi-Cola Jamaica Bottling Company Limited

Default Judgment – Application to Set Aside Default Judgment pursuant to Rule 13.3 of the Civil Procedure Rule (CPR) – Defendant a Limited Liability Company – issue as to whether served with the Claim Form and Particulars of Claim – No Acknowledgment of Service filed – Rules 5.7; 12.4; 30.3 of the CPR as amended 2006

Hayles, Lorna v The Attorney General of Jamaica

Breach of statutory duty – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Breach of common law duty to drive with reasonable care – Failure to keep a proper look out – Negligence – Breach of duty of care – Damage foreseeable – Special damages to be both pleaded and strictly proved

James, Dalkeith v Grown, Margaret and Scott, Errol

Personal Injury - Negligence - Accident between cyclist and motorist - Claimant hit from behind - Assessment of damages - Quantum of damages - Pain and suffering - Permanent partial disability - Medical expenses - Future medical care - Consequential loss - Loss of earnings

Hunter, Lorna v Daley, Devon

Claim for 50% interest in property – Parties divorced – Whether property is the family home – Whether the equal share rule should apply – Property (Rights of Spouses) Act

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