2020

Scott, Sean v Brown, Meva; Brown, Waynette and Allen, Daniel

Civil procedure – Claim form filed close to the expiration of limitation period – Application to extend the validity of the claim form filed within life of the claim form – Whether it is appropriate to extend validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.

Polyamer Corporation v Free Form Factory Limited

Civil procedure- Whether the Claimant has locus standi to bring or continue claim where it has omitted to add its registered suffix “S.A.” to its name in its statement of case.
Whether in considering the issue of locus standi the Court should consider whether the Claimant has sufficiently pleaded a legal assignment – Whether the claimant is required to plead an equitable assignment in the alternative.

Stephens, Matthew and Stephens, Icilda v The Administrator General of Jamaica (Adminisgtrator of the estate of Josiah Bromfield) and Brown, Garfield and The Attorney General of Jamaica

Land law – Indefeasibility of Title – Registration of Titles Act ss.68, 70 and 71– Whether title holders are the legal owners of all the land comprised in the title – Whether Claimants are entitled to damages for trespass and loss of use of lot occupied by 2nd Defendant – Whether lot occupied by 2nd Defendant included in title by error of and/or wrong description of the parcels or boundaries – Whether disputed lot of land acquired by 1st and 2nd Defendants by ‘adverse possession’

Robinson, Hilton v King, Aaron; Anderson Robinson

CLAIM FOR DAMAGES FOR MALICIOUS PROSECUTION – WHETHER CLAIMANT WAS MALICIOUSLY PROSECUTED – WHO PROSECUTED THE CLAIMANT – WHETHER 2ND AND 3RD DEFENDANTS CAN PROPERLY BE HELD INDIVIDUALLY LIABLE – WHETHER THE 2ND OR THE 3RD DEFENDANT PROSECUTED THE CLAIMANT WITHOUT ANY REASONABLE AND/OR PROBABLE CAUSE – PROSECUTOR WHO IS A POLICE OFFICER HAVING ACTED ON INSTRUCTION OF CLERK OF COURT – ASSESSMENT OF DAMAGES FOR MALICIOUS PROSECUTION

Parkes, Joycelin v Brown, Martin and Wright, Donald

Civil procedure – Claim form filed close to the expiration of the limitation period – Application to extend the validity of the claim form filed within the life of the claim form – Whether it is appropriate to extend the validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amende

Edmonds, Jermaine v Marquesse, Owen; Wallace, Junior; Berbick, Desmond and Drydson, Glendon

Civil procedure – Personal injury claim resulting from motor vehicle accident – Notification of proceedings served on insurance company in compliance with section 18(2)(b) of the Motor Vehicles Insurance (Third-Party Risks) Act – Whether this notification of proceedings can satisfy the requirements in rules 5.13 and 8.13 of the Civil Procedure Rules – Whether it is appropriate to dispense with the service of the claim form in these circumstances and after claim became time-barred – Rules 5.13, 6.8, and 8.13 of the Civil Procedure Rules.

McLean, Annette v Edmondson, Princess and Mills, Constantine

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form and whether there are compelling reasons for granting more than two six-month extensions – Rule 8.15(2) and 8.15(6) of the Civil Procedure Rules.

Henry, Troy v Nixon, Javette

Road Traffic Act - Negligence - Motor vehicle collision at intersection of main road and minor road - Car turning across a main road unto minor road - Duty of turning driver - Duty of the motorcyclist on correct side of the road - Motorcyclist not wearing helmet - Contributory negligence

Bariffe Hall Development Ltd. v National Housing Trust

APPLICATION TO STRIKE OUT CLAIM – WHETHER CLAIM IS STATUTE-BARRED – WHETHER CLAIM IS FOR BREACH OF CONTRACT OR INSTEAD, FOR RELIEFS PURSUANT TO A MORTGAGE AGREEMENT WHICH OUGHT TO HAVE BEEN DISCHARGED – LIMITATION ACT DEFENCE

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