2020

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- Further extension of the validity of the Claim Form – Whether the Claim Form can properly be extended since it is no longer valid – Whether the rule in Glasford Perrin v Donald Cover Applies – Does incomplete Jurat affect validity of Affidavit – Rules 8.14(1) and 8.15 26.1 (2)(6) 30.4 of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

Johnson, Lloyd (As a representative on behalf of himself and 13 members of the Jamaica Fire Brigade) v Attorney General of Jamaica and Commissioner of the Jamaica Fire Brigade

Administrative orders – Whether a Commissioner of the Jamaica Fire Brigade can promote officers without the approval of the Fire Brigade Board – What is the effect of General Orders – Whether the claimants reasonably held an expectation that they had been promoted by the publication of General Orders, when there was no evidence that the requirements for promotion had been complied with – Whether the failure of the Fire Brigade Board to promote the claimants in the circumstances amounted to an abuse of power, or whether there was an overriding public interest in not honouring the communicati

Smith, Clover v South East Regional Health Authority and Attorney General of Jamaica

Negligence – Breach of contract – Employer’s liability – Occupier’s liability – Res ipsa loquitor – Slip and fall on floor during post-hurricane clean up – Whether inference of negligence can be drawn – Whether the defendants breached a duty owed to the claimant under the Occupier’s Liability Act – Whether the defendants had provided a safe place and system of work.

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