NOTICE

 

The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.



2020

Virgo, Yvonne v Graham, Granvin and Page, Uton

Civil Procedure – Application to extend the validity of the claim form – Application heard after the validity of the claim form – Application for Substituted Service – Civil Procedure Rules, 2002, (CPR) – rules 8.14(1), 8.15(2), 8.15(3)(a)(i and ii)

Allen, Cleon v Francis, Rachael Lee and Scott, Dwayne

Civil Procedure Rules 2002 (CPR 2002) - Further extension of the validity of the Claim Form – Whether the Claim Form can properly be extended since it is no longer valid – Whether the rule in Glasford Perrin v Donald Cover Applies – Does incomplete Jurat affect validity of Affidavit – Rules 8.14(1) and 8.15 26.1 (2)(6) 30.4 of the (CPR 2002).

Johnson, Lloyd (As a representative on behalf of himself and 13 members of the Jamaica Fire Brigade) v Attorney General of Jamaica and Commissioner of the Jamaica Fire Brigade

Administrative orders – Whether a Commissioner of the Jamaica Fire Brigade can promote officers without the approval of the Fire Brigade Board – What is the effect of General Orders – Whether the claimants reasonably held an expectation that they had been promoted by the publication of General Orders, when there was no evidence that the requirements for promotion had been complied with – Whether the failure of the Fire Brigade Board to promote the claimants in the circumstances amounted to an abuse of power, or whether there was an overriding public interest in not honouring the communicati

Smith, Clover v South East Regional Health Authority and Attorney General of Jamaica

Negligence – Breach of contract – Employer’s liability – Occupier’s liability – Res ipsa loquitor – Slip and fall on floor during post-hurricane clean up – Whether inference of negligence can be drawn – Whether the defendants breached a duty owed to the claimant under the Occupier’s Liability Act – Whether the defendants had provided a safe place and system of work.

Messam, Evon v Junior, Trevor Dunkley and Haulage and Equipment Limited

Application to set aside default judgment – Whether there is a good explanation for the failure to file an acknowledgment of service within time – Alleged default of applicant’s insurers – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Application made almost a year after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success – Reliance on hearsay evidence

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