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.
Salada Foods Jamaica Limited v Jamaica Agricultural Commodities Regulatory Authority
Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principle of illegality and irrationality – Whether statutory authority acted illegally and irrationally – Principle of equitable treatment – Whether statutory authority acted unfairly and inequitably – Whether the waivers granted by the statutory authority gave rise in law to a legitimate expectation on the part of the applicant – Whether the appli
Sterling, Litisha and Williams, Kaydiann v Blackman, Kemar Latoy
Application to amend statement of case – Rule 20.4 of the Civil Procedure Rule (CPR) - Whether the Statement of Case can be amended after the limitation period.
The Commissioner of Lands v Thomas, Valtiman
Compulsory Land Acquisition – Compensation and Interest paid – Owner of land aggrieved – Reference by the Commissioner of Lands – Land Acquisition Act
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.
Business Ventures & Solutions Inc and Tharpe, Anthony v Ruddock, Beresford and The Big Apple Rooms Hotel et al
Application for unless order - Application to strike out defence - Application to add parties.
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