Reading Holdings Limited v Anderson, Silbert and Anderson, Prudence
Application for Freezing Order – Application for extension of freezing order –
Whether or not applicants have an arguable case – Factors that affect whether
Applicant has an arguable case – Whether claim likely to be struck out as being
statute barred – Whether claim sufficiently supported by evidence.
DCP Successors Limited v The Trade Administrator, The Trade Board Limited, Commissioner of Customs and Excise, Jamaica Customs Agency and Blue Power Group Limited
Treaties – Article 214 of The Revised Treaty Of Chaguaramas – Application to
refer questions arising out of issues to The Caribbean Court Of Justice to
enable National Court to enter judgment – Factors for court to consider before
making referral – Whether the referral is necessary for the Court to deliver
judgment – Stage at which decision on whether to refer questions to the CCJ under
Article 214 should be made.
Raynor, Shayne v Lloyd, Anthony Lee and Allison, Leslie Gilbert
Release and Discharge - Accord and Satisfaction - Undue Influence Unconscionable Bargain - Agent and Principal - Subrogation
Alfred, Fiona Kadesha v Alfred, Mario Raphael
Husband and wife purchased property – Property (Rights of Spouses) Act -
Adverse possession - Whether the property is the family home – Whether the
property is matrimonial property – Whether it would be unjust to give each spouse
a 50% share in the property
Wilks-Stewart, Ann-Marie v Stewart, Andrew Lloyd
Application for division of property – Property other than the family home –
Property purchased by one party to marriage – Effect of power of attorney –
Relevant factors for the acquisition of an interest in property other than family
home.
Tomlinson, Everald v The Commissioner of Police and the Attorney General of Jamaica
Administrative Law – Legitimate expectation – Whether police officer has a
legitimate expectation to be re-enlisted to the Jamaica Constabulary Force.
Tharpe, Anthony, Successors in the interest of Business Ventures & Solutions et al v Robinson, Alexis, Myers Fletcher & Gordon and Graham, John et al
Civil procedure – Striking out – Application to strike out claimants’ statement of case – Whether the claimants’ statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the 1st claimant has the requisite standing to bring the claim – Whether the claimants have sufficiently particularized the claim – Whether the claimants’ statement of case as framed constitutes an abuse of the process of the court – Whether the claimants’ statement of case is prolix, frivolous and vexatious and without merit – Whether the claimants
Peterkin, Elmarie Arlene v Natural Resources Et. al
Civil Procedure – Application to appoint expert witness – Application made after case management conference – Application made in the context of a claim for judicial review – The role of the court in a claim for judicial review – Whether the proposed expert evidence is relevant to the issues to be determined in the claim for judicial review – Whether the proposed expert evidence is reasonably required to resolve the proceedings justly – Civil Procedure Rules, 2002, rules 32.2, 32.3, 32.6(1), 32.6(2), 32.6(3) and 32.6(4)
Lydford Mining Company Limited v Wildman, Fitz and Ferron Thomas
Setting Aside Default Judgment under CPR 13.2. - Whether the 1st defendant has proven on a balance of probabilities that he was not served with the claim form and particulars of claim
Simmonds, Kevin v The Minister of Labour and Social Security and The Attorney General of Jamaica
Judicial Review - Labour Relations and Industrial Disputes Act (LRIDA)- Sections 2, 11 A (1), 12 (5) (c) - Employment terminated by reason of redundancy - Intervention of Minister of Labour and Social Security under the LRIDA sought after acceptance of redundancy package and filling of post the subject of the dispute - Whether the Minister acted ultra vires the Act in deciding not to refer the dispute to the Industrial Disputes Tribunal - Whether a Minister may properly consider the issue of waiver of the rights at sections 12 (5) (c) of the LRIDA in determining whether or not to exerc
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