2020

Pindling, Sharon v Spence, Derrick

Whether the provisions of the Property Rights of Spouses Act are applicable – Whether the disputed property is the family home – Whether provisions of section 14(2) of the PROSA relevant – Whether the principles of constructive and/or resulting trust are applicable.

White, Kerry Ann v Wright, St. Osbourne and Blake, Stephen

Rule 13.3 of the Civil Procedure Rule as amended (2006) – Application to set aside Default Judgment – Whether the 2nd Defendant has a real prospect of defending the case – Delay in making the application –whether there is a good reason for failing to file an Acknowledgment of Service

McKenzie, Webster v Hayden, Kevin

Application to Set Aside Default Judgment – Rule 13.3 of the Civil Procedure Rules (CPR) as amended [2006] Failure to file Defence in time – Whether inordinate to make Application to Set Aside Default Judgment – Realistic Prospect of Success

Flemmings, Ashford v McDove, Pauline

The Property Rights of Spouses Act - Application for declaration of half interest in the family home - Variation of statutory equal share rule - Whether section 7 factor exists to displace 50/50 presumption.

Gayle, Claudius v Collins, Orvel

Civil procedure – Claim form filed close to the expiration of limitation period –
Application to extend the validity of the claim form filed within life of the claim form
– Whether it is appropriate to extend validity of the claim form after claim became
time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.

Johnson, Mickeel v Alu Glass Limited

Civil Procedure - Defendant company removed from the Register of Companies prior to trial date –
Whether trial can proceed in the absence of the defendant pursuant to the Rule
39.5 of the Civil Procedure Rules, 2002, as amended – Whether the defendant
company must first be restored to the Register of Companies – Effect of restoration
pursuant to sections 336(1) and 337(6) of the Companies Act on the current
proceedings.

Lewis, Noel v Gabbidon, Michael and Winston

Civil procedure – Application to set aside judgment in default – Whether the
defendants have demonstrated that they have a real prospect of successfully
defending the claim – Whether judgment was irregularly entered as a result of
the signature of the claimant’s attorney being affixed to the judgment in default
order – Rules 13.2, 13.3 and 21.8 of the Civil Procedure Rules, 2002, as amended.

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