2020

James, Dalkeith v Grown, Margaret and Scott, Errol

Personal Injury - Negligence - Accident between cyclist and motorist - Claimant hit from behind - Assessment of damages - Quantum of damages - Pain and suffering - Permanent partial disability - Medical expenses - Future medical care - Consequential loss - Loss of earnings

Hunter, Lorna v Daley, Devon

Claim for 50% interest in property – Parties divorced – Whether property is the family home – Whether the equal share rule should apply – Property (Rights of Spouses) Act

Mattar, Saed v Salmon, James

Sale of Land – Verbal agreement for sale of land - Whether valid agreement for sale – Whether elements of a valid tenancy agreement as part of sale agreement - Whether sufficient acts of part performance by party – Equitable remedy of specific performance – Circumstances where previous order may be varied or revoked

Smith, Nattal v Wright, Newton

Damages – Assessment of – Assault & Battery – Trespass to land – Aggravated Damages – Whether appropriate in the circumstances

Lyons, Charmaine v Lindsay, Delroy and Mitchell, Learie

Recovery of possession of land - Defence of adverse possession - Whether factual exclusive possession and intention to possess proven - Defence of proprietary estoppel - Whether there is evidence of assurance - reliance - detriment - Person in whom interest via proprietary estoppel resides is deceased - Estate not a party to the proceedings - Defendants are not personal representatives of the estate -Whether the Defendants can rely on the rights of the estate to remain in possession - Mesne Profits.

Menzie, Winston v Ellis, Charmaine and Willis, Tyrone

Burden of proof on claimant to establish that vehicle and driver involved in accident correctly identified and that correct party is before the court based on the principles of vicarious liability and the separate legal personality of a company. Importance of statement being in compliance with rule 29. 4 (2) of the Civil procedure Rules when a witness is illiterate

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