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Joseph, Robert v Moutary, Issoufou

Negligence – Medical negligence – The duty of care owed by a medical practitioner to a patient – Breach of the duty of care – Causation – Foreseeability of damage – Remoteness of damage
Damages – Tenderness to the right lower abdomen – Indication of bacterial infection – Localized free air outside the bowel – A sentinel loop of bowel – Perforation of the sigmoid colon resulting from prior colonoscopy – Quantum of damages


Peterkin, Arlene Elmarie (On behalf of herself and 32 other residents in the community of Industry Cove, in the parish of Hanover v Natural Resources Conservation Authority, Town and Country Planning Authority and National Housing Trust (2)

Civil Procedure – Application to have affidavits stand as filed – Affidavits filed in support of an application for leave to apply for judicial review – Whether those affidavits filed at the leave stage can be utilized in the judicial review proceedings – Whether the failure to file a supporting affidavit invalidates the fixed date claim form – Whether the failure to file a supporting affidavit is an irregularity – Whether the irregularity can properly be regularized by the court – Whether the affidavit evidence is relevant to the just disposal of the judicial review proceedings – Civil Pro

McFarlane, Jason (Administrator Ad Litem in the Estate of Carol McFarlane, deceased, intestate) v Cable and Wireless Jamaica Limited

Pleadings – Amendment to pleadings – Substitution of parties – Whether claimant changed her status as one party to another party – Whether claimant’s change in status is the same as substitution of a party – Whether claimant permitted to substitute a claimant under the general provisions relating to amendment of statement of case before a Case Management Conference.
Pleadings – Amendment to pleadings – Relation back principle of amendments to pleadings – Whether amendment to sue as administratrix renders entire claim a nullity.

Neville L. 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.



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