2020

The Commissioner of Lands v Homeway Foods Limited and Muir, Stephanie

Compensation for mesne profits - Whether compensation includes the award of
interest - Award of interest - Whether Registrar has discretion to award interest –
Whether the compensation for mesne profits attracts interest payable on judgment
debts - Judicature (Supreme Court) Act ss. 12 and 51. Judicature (Supreme Court)
Additional Powers of Registrar Act ss. 3 (1) and 5 (1) - Law Reform (Miscellaneous
Provisions) Act - Civil Procedure Rules 12, 14 and 65.23.

Graham, Barrington v The Attorney General et al

Assessment of damages - Assault and battery – Damage to wrist and shoulder – Damage to Reputation - False imprisonment - Malicious prosecution – Information on reason for arrest - Proceedings terminated in favour of the claimant - Aggravated damages – Exemplary damages – Constitutional damages

Abraham, Jason v Cable & Wireless Jamaica Limited

Companies Act - Application for leave to bring a derivative claim – Factors to be considered – Whether leave should be granted to bring claim outside the Jurisdiction – Application of pre-2017 company law relating to fiduciary duties – Extent of applicability of business judgment rule

R v Godfrey, Carlington and others

Criminal law - Criminal Justice (Suppression of Criminal Organisations) Act  S. 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 - Statutory interpretation - Meaning of criminal organisation.

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

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