2021

Downer, Aggrey v Firearm Licensing Authority

Costs – Application for leave to apply for judicial review discontinued – Application for the costs of the discontinued application for leave to apply for judicial review made by statutory body – Whether the making of the application for leave to apply for judicial review was unreasonable – Whether the conduct on the part of the applicant for leave to apply for judicial review was unreasonable – Whether an alternative remedy was available to the applicant for leave to apply for judicial review at the time of the making of the application – Whether a review board was in existence at the time

Watson-Samuels, Karen Elizabeth and Bourne, Jeddie v Bourne, Vernon and Samuels, Michael

Division of property – The proper procedure for the commencement of proceedings under the Property (Rights of Spouses) Act – Whether the purported claim is an irregularity or a nullity – Whether the irregularity is a defect that can be cured – Limitation period – Whether the purported claim is statute barred – Effect of failure to file an application to extend time to apply for the division of property – The division of property under the Partition Act – The Property (Rights of Spouses) Act, sections 2(1) and 13, The Partition Act, sections 2(2), 4 and 5, The Civil Procedure Rules, 2002, ru

Jamaica Association of Composers Authors and Publishers Limited v KLAS Sports Radion Limited

Disclosure – Specific disclosure – Application for specific disclosure of audited financial statements – Application made within the hearing of the assessment of damages – Whether the documents to be disclosed are or have been in the defendant’s possession or under its control – Whether the documents to be disclosed are directly relevant to one or more matters in issue – Whether an order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Whether an order for specific disclosure should be made at this late stage – Civil Procedure Rules, 2002, rule

Cato, Alvin v Williams, Paul; Walters, Garfield et al

Negligence – Motor vehicle collision – Vehicle stopped in the vicinity of the entrance to a school some distance from a corner – Vehicle colliding with the rear of that which had stopped – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory negligence – Credibility of witnesses

S B W v V W

Custody, care and control - Joint custody - Parents must be able to communicate and co-operate in the upbringing of the child - Welfare of the child and what is in the best interest of the child is of paramount importance - Considering the wishes of the child - Joint obligation to maintain child- Spousal maintenance - Clean break- Lump sum payment

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