Williams, Oral v Diamond Paint MFG Co. Ltd.
Civil Procedure - Application to set aside default Judgment – Civil Procedure Rule
12.4 and CPR 12.5, CPR 13.2 and 13.3 and CPR 26.1
Shae, Ceceline v Auto Challen Limited, The Trade Administrator, The Commissioner of Customs et al
Negligence - Negligent misstatement – Age of motor vehicle – Duty of Trade
Administrator to verify year before issuing licence – Duty of Commissioner of
Customs to verify age during assessing of import duty – Whether Island Traffic
Authority to decode chassis number before issuing certificate of fitness – Motor
vehicle assessor’s duty of care – Whether assessor breached its duty of care –
Standard of care – Ancillary claim – Ancillary claim tried after release and
discharge without admission of liability. CPR 18.
Wedderburn, Alton v Red Stripe Brewing Company trading as Red Stripe and The Attorney General of Jamaica
Tort – Malicious Prosecution – Whether prosecutor had reasonable or probable cause or was actuated by malice – Damages – Assessment
Williams, Eain v Tulloch, Dotlyn
Civil Procedure - Application to file defence out of time – Civil Procedure Rule 10.3
and 26.1
Taylor, James (Executor of the Estate of Jerusha Taylor) v Rennie, Errol
Application to set aside provisional charging order - Provisional charging order
issued by registrar on a default cost certificate - Whether default cost certificate
properly issued - Whether the registrar is empowered to make provisional charging
orders. Application to set aside Judgement After Striking Out - Defendant and
Attorney were present when the Unless Order was made - Whether the Defendant
had to be served with the Unless Order before judgment could be entered - Whether
Witter, Owen v JISCO Alumina Jamaica II Limitedd and McKay, Robert
Rule 21.(1) & (2) of the CPR; basis on which actions may be brought or defended in a representative capacity – Rules 26.3(1)(C) and 15.2 of the CPR; principles applicable to the striking out of, or the granting of summary judgment in a claim – Application of s.46 of both the Trustee Act and Limitation of Actions Act where limitation defence raised – Private contract incapable of changing the statutory limitation period –To obtain redress for alleged breach of contractual or fiduciary duty necessary to prove existence of duty, breach of that duty and consequential loss flowing from that
Douglas, Everton et al v The Minister of National Security, the Commissioner of Police and the Attorney General of Jamaica
Part 57 of Civil Procedure Rules – Writ of Habeas Corpus ad subjiciendum – principles of Law applicable – Constitution of Jamaica; s. 9, 10, 13, 14 & 20 – The Emergency Powers Act; The Emergency Powers Regulations – s. 30, 33 & 38; Separation of Powers Doctrine/Principle whether Executive breached Doctrine – whether Detention of Petitioners unlawful under EPA & EPR as being in breach of Constitution – proportionality – whether measures under EPA reasonably justifiable.
Stewart, Lauriston v Sonada Limited, Messado, Jennifer, et al v National Property and General Insurance Brokers Limited and Camnel Farms Limited
Injunction - Money loaned to 1st Defendant – Caveat lodged against property – Property already subject of sale to Interested Party – Whether sale to be restrained – Whether serious question to be tried - Balance of convenience-Promissory notes unstamped - Whether admissible in evidence - Observations on the practice of attaching exhibits to affidavits by schedule.
Ernest Smith & Co (A Firm); Smith, Ernest; Smith, Nesta-Clair et al Consolidated with Thompson, Hugh and The Attorney General of Jamaica
Constitutional law - Right to a fair hearing within a reasonable time- Delay/impossibility of a judgment being delivered - Reasonable time guarantee- Remedies for breach of the section 16(2) right – Damages - Measure of damages - Whether summary assessment of the nominate torts would be an appropriate remedy – Costs - Costs thrown away – Section 16(2) the charter of fundamental rights and freedom
Kandekore, Lijyasu M. v Jamaica Civil Aviation Authority
Contract law - Breach of contract - Elements of a contract - Written offer - Oral acceptance - Whether letters of the Board of the defendant can be regarded as evidence of oral acceptance - Whether an enforceable contract was created.
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