Melbourne, Erlene (Administratrix in the estate of the late Osbourne Melbourne, deceased) v Jamaica Infrastructure Operator Limited and The Attorney General of Jamaica
Tort – Breach of statutory duty – Whether a statutory duty of care is imposed on the highway authority – Whether the highway authority breached the statutory duty – Liability of highway authority Occupiers’ liability – Common duty of care – Degree of care – Use of the highway – Motorist injured while using the highway – Unidentified object thrown by unidentified persons from overhead bridge along the highway –Object impacted motorist – Whether the highway is considered to be premises in accordance with the statute – Whether the highway authority is an occupier – Whether motorist is a v
Smith, Louis v Wong-Small, Her Honour Sandra (Senior Parish Judge for the parish of St. James) v The Director of Public Prosecution
Renewed application for leave to apply for Judicial Review – Parish Court Judge ruled evidence admissible - Whether ruling goes to jurisdiction - Whether arguable case with real prospect of success - Whether alternate remedy available by way of appeal.
McAlliser, Godfrey v Webb, Christopher
Civil Procedure: Application for Summary Judgment on a FDCF – Summary
Judgment – Whether court can correct error in Application – Application to Strike
Out
De La Motta, Andre v Radio Jamaica Limited and Radio Jamaicanewsonline.com
Civil Procedure: Application to Strike Out – Claim for Constitutional Relief when
alternative remedy Available - Breach of reasonable expectation of Fairness - Abuse of the Constitutional Protection of Freedom of Expression - Negligence -Defamation Act – Application of Section 33 and 33(5)(a) of the Defamation Act, 2013 - Limitation of Actions Act.
Walters, Phillip (Trading as L.A.B. Ashalt Straying) v Stone Plus Limited, Kayon Clifton Campbell adn Notfoya Thompson
Contract Law - Breach of contract - Construction of Contract - Services provided under seven separate contracts - Parol evidence rule
Sprague, Robert v Bonus Parts, Accessories & Auto Imports Limited
Company Law - Civil Practice and Procedure – Civil Procedure Rule 27.2 (8) – Fixed Date Claims (First Hearings) – Section 212 of the Companies Act – Application for Leave to bring Derivative Action in the name and on behalf of the company – Statutory requirements to be met (reasonable notice, good faith & appears to be in the interest of the company) – Section 213 of the Companies Act – Court’s Powers.
Christopher, Yulande trading as Yulande Christopher & Associates and then Thomas and Christopher Law Partners v Duncan, Gregory and Global Designs and Builders Limited (2)
Civil procedure - Application for recusal - Whether judge disqualified by reason of conflict of interest - Apparent bias.
Christopher, Yulande trading as Yulande Christopher & Associates and then Thomas and Christopher Law Partners v Duncan, Gregory and Global Designs and Builders Limited
Civil Procedure application to set aside default Cost Certificate - Rule 65.22 of the
Civil Procedure Rules - Whether good reason exists for application to be set aside
COK Sodality Co-operative Credit Union v Duncan, Gregory and Global Designs & Builders Limited
Debt - Order for sale of land – Objection to sale
JISCO Alpart Jamaica v White, Monica (By Executor and Representative Horace Gayle)
Unregistered land – Dispute as to ownership of land – Burden and standard of proof – Affirmative defence – Claim for recovery of possession – Claim for trespass – Adverse possession as a defence – Whether adverse possession applies to unregistered land – Credibility between witnesses – Limitation rights and unregistered land – Possession of vacant land – When does time start to run against the claimant – Factual Possession – Intention to exclude others – Fencing and cultivating vacant land – Payment of taxes by the claimant – Payment of taxes