Bernard, Karl v Whyte, Peter
ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence –– Absence of initial medical report - Expert Evidence – Damages
Issa, Amoi Leon v Ffrazer, Detective Constable Julilan and the Commissioner of Police and Her Honour Mrs. Sasha Marie Ashley and the Attorney General of Jamaica
CONSTITUTIONAL LAW – The Constitution of Jamaica – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(2) and (3)(j)(iii), 16(2) & 19 – Whether section 21 of the Cybercrimes Act breaches the Claimant’s fundamental rights and freedoms guaranteed under section 13(3)(j)(iii) of the Charter – Whether any breach of the Claimant’s right to privacy guaranteed under section 13(3)(j)(ii) of the Charter are demonstrably justified in a free and democratic society – Whether breach of Claimant’s rights guaranteed under section 16(2) – Proportionality - Pr
Skyrock Capital Limited v Lawrence, Minett and Lowell Lawrence
Breach of contract - Promissory note - Section 35,36 and 50 of the Stamp Duty Act - Whether sums advanced amount to a loan or deposit on acquisition of shares in company - Whether promissory - Note valid and enforceable - Whether equitable mortgage created.
Francis, Richard and Juanitta Chin v Fletcher, Christopher
Civil procedure - Notice of application - Whether issue of striking out is Res Judicata - Claim form proceedings - Whether claim ought to have been commenced by means of claim form - Conversion of proceedings from fixed date form to claim form
Millard Development Company Limited v Mars, Roxann
Civil Procedure – Rule 15.2 – Application for summary judgment – Whether there is a real prospect of successfully bringing or defending the claim – Real property law – Unpaid purchase price – Whether vendor’s lien created – Whether vendor’s lien abandoned – Whether there was a variation of the agreement for sale – Limitation of Actions Act – Whether the claim for unpaid balance of purchase price is statute- barred – Company law – Whether settlement agreement signed by one director is binding on the company
Miller, George v Smith, Ralston and Sean Smith
Whether unstamped agreement for sale and unregistered vendor’s mortgage are enforceable in equity - Whether equitable mortgagee is entitled to possession of mortgaged Property on default by equitable mortgagors - Whether purchasers and equitable mortgagors of land entitled to an order of specific performance commanding the vendor and equitable mortgagee to register transfer of property to them - Exercise of inherent jurisdiction to make declaratory reliefs as to parties’ status in relation to the property in lieu of order for specific performance.
Richards, Denzel v Hinds, Rowan
ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Damages – Pain and suffering and loss of amenities - Special damages
Grant, Peter Ray v Brown, Shelly-Ann
Civil Procedure – Rule 15.2 – application for summary judgment – whether the defendant has a real prospect of successfully defending the claim – Real property – fraud – whether the defence has established a prima facie case of fraud to defeat title of registered proprietor
Evanko, Susan (Executrix of the Estate of Stephan Jurik) v Yetman, Dasa and Zusanna Brechova Soucek et al
Application for removal of Executrix - Duties of an Executrix - Fiduciary duties of Executrix Section 7 of the Trustees Attorneys and Executors (Accounts and General) Act - Section 2 of the Mental Health Act - whether Executrix liable for self-dealing - Whether Executrix mismanaged the affairs of the Estate - Failure to keep proper accounts - Whether beneficiary has capacity to sell his interest in the Estate - Undue influence
KC Enterprises Limited trading as El Caribe Duty Free Shop v Guardsman Alarms Limited
Breach of Contract - Negligence – Limitation of liability – Exclusion clauses –Special damages
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