2022

Neville Daley & Company v H & H Ventures Limited

Application to strike out claim - Building contract - Arbitration agreement -Neither party now seeks arbitration - Whether reference to arbitration time barred - Whether court has jurisdiction to try the issue – Earlier claim filed but not served and now expired - Whether an abuse of process to bring another action - Observations on attaching documents as a schedule to affidavits.

James, Rohan and Murphy, Nigel (on behalf of the members of the Jamaica Police Federation et al v Ministry of Finance and Public Service, Commissioner of Police and the Attorney General

Constitutional Relief- Heads of Agreement – Whether binding contract – Whether legitimate expectation – Whether jurisdiction to grant declaratory relief if claim not contested – Whether breach waived – Whether mandatory order possible – Whether award of damages appropriate- Observations on the nature of declaratory relief

Prendergast, Calvin v Walker, Jolly

Quantum of damages - Multiple fractures - scaring - 17% whole person impairment - Prolonged recovery - The subjective element in the assessment of damages.

Hewitt, Valrose v Port Marley Ltd

Negligence – Contributory negligence – Pleadings – Whether contributory negligence properly pleaded – Whether Court can consider contributory negligence if not properly pleaded 
Negligence – Employer’s liability – Duty to have and maintain a safe place of work - Whether or not employer breached duty to have and maintain a safe place of work – Was the floor of the defendant’s premises in an unsafe condition for workers?

Walters, Keekee v Wallace, Kenroy

Assessment of Damages – Degloving injury to left foot and fracture to left ankle – Do transportation costs have to be specifically proven? – Period over which interest is payable on damages.

Anderson, Jennes v General Legal Council

Application to strike out statement of case – Application for summary judgment – Defamation – Whether the words and/or publication bears a defamatory meaning – Rule 69.4 of the Civil Procedure Rules – Absolute Privilege

Pages

Covid-19

Emergency Matters

Emergency Matters

Matrimonial Proceedings

Customer Service

customer complaints image

Strategic Plan

Strategic Plan for the Jamaican Judiciary 2019-2023