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Guthrie, Vincent v Guthrie, Dorretta May

Civil Procedure - CPR 26.3 - Application to Strike out Fixed Date Claim Form - Whether there was failure to comply with a rule or practice direction - Whether current claim is a re-litigation of an earlier claim and therefore an abuse of court process - Whether the absence of facts in the earlier claim is likely to obstruct the just disposal of current proceedings - 
Whether judgment on earlier claim is declaratory or executory - Procedure for enforcing declaratory judgment - Whether limitation period at CPR 46.2(1)(a) is applicable.

Alba, Severin v The Minister of Labour and Operadora Palace Resorts (JA) Limited trading as Moon Palace Jamaica Grande

Judicial review – Constructive dismissal – Whether a constructive dismissal constitutes a termination of employment as contemplated by the Labour Relations and Industrial Disputes Act – Labour Relations and Industrial Disputes Act, sections 2 and 11
Costs – Whether a cost order should properly be made in the circumstances – Whether it is appropriate for a cost order to be made against an intervening party, 
Civil Procedure Rules, 2002, rules 56.15(4) and (5), 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

Cohen, Lisa v Administrator General for Jamaica

Family law - Whether a common law relationship existed between the applicant and the deceased - Whether the applicant is a spouse within the meaning of the Act - Intestate Estates and Property Charges Act S. 1 and 2.

Mullings & Co. (A firm) v Frank I. Lee Distributors Lilmited

Application to relist an application to set aside judgment in default - Four-year delay – Whether delay inexcusable – Whether instructions from client required before applying to relist – Overriding objective of CPR – Whether all circumstances including relative strength of each case to be considered.

Dodd, Clifton v Insurance Company of the West Indies

Interpretation of contracts – Applicability of arbitration clause – Meaning of ‘difference’ in the context of an arbitration clause – Summary Judgment – Whether the matter is one for summary judgment.

Andrew Issa Realty Limited trading as Coldwell Banker Jamaiaca Realty and Andrew Richard Issa Trading as Coldwell Banking Jamaica Realty v Everoy H. Chin & Co. Ltd.

Application for summary judgment –Claim by broker for commission on sale of land- Whether defence has real prospect of success- Multi Listing Agreement (MLA)- Whether sale to person “associated or affiliated” to someone with whom broker negotiated - Whether Defendant entered into another “valid, bona fide” MLA- Whether 1st Claimant a party to MLA –Whether Claimants were licensed brokers-Whether triable issues of fact – Attorney swearing affidavit- Whether costs to be allowed –Observations on the use of exhibit schedules.

Jebmed S.R.L v Capitalease S.P.A. Owners of M.V. Trading Fabrizia Consolidated with Elburg Ship Management, Enterprise Shipping Agency, Capitalease S.P.A and the Motor Ship Trading Fabrizia

Admiralty law - Application to be added as an interested party - Judicial sale of Maltese vessel on the application of the mortgagee – Vessel sold to the applicant free of encumbrances - Vessel subsequently arrested in Malta in respect of the same mortgage debt - Judicial sale in Jamaica not recognized by Maltese court – Mortgage debt paid by purchaser to secure vessel’s release - Rule 70.11 of the Civil Procedure Rules, 2002 - Admiralty law - Judicial sale – Distribution of the proceeds – Section 89 (2) of the Shipping Act and rule 70.13 (9) of the Civil Procedure Rules, 2002

Hasheba Development Company Limited v Petroleum Corporation of Jamaica Limited, Kinghorn, Sean and Kinghorn, Judy Ann et al

Civil Procedure - Proper method of commencing claim for relief of specific performance – Whether fixed date claim form procedure appropriate for claim of conspiracy to defraud - Whether only a portion of a claim can be continued as if commenced by claim form - Test for extension of time for affidavits filed in non-compliance with the Civil Procedure Rules 2002 (“CPR”) – Whether application for



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