The Port Authority of Jamaica v Kinetic Shipping PTE Limited (Owners of the MV Maritime Gracious) and Portside Towing Limited
Admiralty – Pilotage Act - Ancillary proceedings – Whether claim in rem – Vessel under tow – Collision with pier – Whether pilot of tug can be liable- Whether tugs lawfully arrested - Whether application to arrest ought to have been served – Whether duty to give full disclosure- Whether ex-parte order for arrest to be set aside - Whether and how much security for costs to be paid.
Braywick Partners Limited v McCook, Robert
Application for Summary Judgment - Arbitral award - Whether enforceable against guarantor - Whether guarantor can challenge arbitral award - Whether guarantor has a defense with a real prospect of success - Counterclaim - Whether guarantor entitled to judgment in default on the counterclaim - Observations on judicial function when declaratory or injunctive relief claimed.
James Morrison, Camla v Sutherland Global Services Jamaica PLC Limited
Civil Practice & Procedure - Striking out statement of case – No reasonable ground for bringing the claim – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Civil Procedure Rules 26.3 (1) – Extension of time to file defence – Application for Interim Injunction
SKDP Haulage & Distribution Limited v Commissioner of Customs
Revenue Law - Customs Duties - Paragraphs 8(1)(c) and 8(1)(d) of the Schedule to section 19 of the Customs Act - Whether there was a sale for export to engage the transaction value method - Whether the fallback method was the appropriate method of valuation - Whether fees paid post-importation were properly added to customs value of imported goods - Whether procedural errors by appellate tribunal determines appeal which is by way of rehearing
Dayes, Florence v The Attorney General of Jamaica
Civil Practice & Procedure - Negligence – Breach of duty of care – Duty to provide a safe system work – Occupier’s Liability Act – Breach of statutory duty of care – Credibility of witnesses – Contributory negligence – Assessment of damages – Handicap on the labour market
The Assets Recovery Agency v Hamilton, Andrew Paul, Samar Davis, Akayla Hamilton et al
Sections 55, 56, 57, 58, 84, 85, 86, 87 and 89 of the Proceeds of Crime Act - Parts 10 and 12 of the Civil Procedure Rules, 2002- Application for Leave to Enter Judgment in absence of Defence - Civil recovery orders- Recoverable property - Unlawful conduct
James, Bobette v Jamaica Urban Transit Company Limited
Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether Attorney Being Unwell is to be considered as part of the question of the promptness of an Application for Relief from Sanction.
The Association of Government Medical Consultants v SERHA, WRHA, NRHA et al
Legitimate Expectation – Legitimate Expectation giving rise to a substantive right – What are the Claimants required to prove to establish a substantive Legitimate Expectation
Williams, Darwin v The Transport Authority and The Attorney General of Jamaica
Tort – Malicious Prosecution – Wrongful Interference with Chattels/Goods – Detinue – Conversion – Whether motor vehicle was wrongfully detained – Whether there was reasonable and probable cause – The Transport Authority Act section 13; 13A; 15 and 16A – The Road Traffic Act sections 61(4A) and 61(4B)
Rattigan, Wilfred (On behalf of Himself and Jamaicans in the Diaspora and Jamaica v Johnson Smith, Senator The Honourable Kamina, Ministry of Foreign Affairs and Foreign Trade of Jamaica and the Ministry of Finance and the Public Service
Civil Practice and Procedure – Applications to Strike Out Claim – Application to Strike Out Claim Started by Fixed Date Claim Form – Whether Striking out is Appropriate – Whether or not Claimant has Standing to Bring the Claim – Whether or Not the Claimant Can Bring this Action in a Representative Capacity – Whether or not that Capacity has Been Established – Whether or Not Claimant is the Appropriate Party to Seek the Relief Claimed – Whether or not Claimant has Demonstrated that His Substantive Rights were or are about to be Breached by the actions of the Defendants to Entitle him to Decl
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