Stephenson, Timar Dale v Stephenson, Ornella Latoya Whyte
Custody Application - Claimant migrating - Order to have children medically examined - children named as non-accompanying family members.
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
Leslie, Merline v Top Seal Company Limited
Application to set aside default Judgment – Service on limited liability companies – CPR 5.7, CPR 13.2 and CPR 13.3
Scott, Sean v Brown, Meva, Waynette Brown and Daniel Allen
Application – Costs in the claim to successful defendant – striking of claim – Abuse of process of the court – Stay of duplicate claim until costs paid – Wasted costs – CPR 26.2, 26.3, 37.6, 64.6, 64.13 and 64.14
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.
Melrose Finance Company Incorporated v Sutherland, Miguel, Kenneth Morris, Coast & Land Properties Limited et al
Application for summary judgment/striking out of statement of case - Sale of land - Registration of Titles Act - Fraud - Position of a bona fide purchaser for value without notice
Grennan, Gairy v Henricks.OGilvie and Aston Pinnock
Equity - Constructive Trust - Purchase of land – Construction of house – Conduct of parties
Gayle, Collin v Kelly, Leondale
Negligence - Contributory negligence
Pagination
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