2020

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.

Brodber, Robert v E.W. Abrahams & Sons Limited and Ormsby, Maxwell

Civil procedure – Application for relief from sanctions after statement of case
struck out and judgment entered against the defaulting party – whether
applicants have provided a good explanation for non-compliance with case
management orders – Rule 26.8 of the Civil Procedure Rules, 2002, as amended.

Green, Shamar 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.

Virgo, Yvonne v Graham, Granvin and Page, Uton

Civil Procedure – Application to extend the validity of the claim form – Application heard after the validity of the claim form – Application for Substituted Service – Civil Procedure Rules, 2002, (CPR) – rules 8.14(1), 8.15(2), 8.15(3)(a)(i and ii)

Allen, Cleon v Francis, Rachael Lee and Scott, Dwayne

Civil Procedure Rules 2002 (CPR 2002) - Further extension of the validity of the Claim Form – Whether the Claim Form can properly be extended since it is no longer valid – Whether the rule in Glasford Perrin v Donald Cover Applies – Does incomplete Jurat affect validity of Affidavit – Rules 8.14(1) and 8.15 26.1 (2)(6) 30.4 of the (CPR 2002).

Pages

Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023