2023

Tenn, William v Marriot, Andrew

Default judgment - Whether default judgment was regularly obtained - Whether there is a real prospect of success - Recovery of rent and possession – Burden of Proof Civil Procedure Rules 12. 4, 12. 5 & 13.3, 13.4.

Smith, Sasha-Gay v Simpson, Daneon

Assessment of damages – Multiple facial lacerations - Loss of sight in left eye, multiple facial scars, weakness of the buccal branch of the left VI cranial nerve - Skin graft to reduce the size of the scars – Future medical care - Whether evidence sufficient to make an award for handicap on the labour market

Pryce, Elaine Rose v Pryce, Levi Wesley

Application under the Property (Rights of Spouses) Act (PROSA) - Whether property is the family home – Alternatively, whether property is property other than the family home – Whether claimant is entitled to 50% interest in property under section 14 (2) of PROSA – Whether the claimant is entitled to an interest in the property under a constructive trust if PROSA does not apply

Hanna, Janet Mary v Hanna, Steve Najeeb

Property adjustments under the Property (Rights of Spouses) Act 2004 (PROSA) – Whether property is the family home – Whether the equal share rule should be varied – Other property and the application of factors under section 14(2) of PROSA – whether other property was a transfer by way of gift – Allotment and issuing of shares - Sections 38 (1), 38(5)(a) and (b) of the Companies Act – Whether a claim to a percentage interest in shares and a share of profits in a limited liability company are sustainable without the company being a party to the claim.

Grant, Simone v Forrest, Denise

Equity – Constructive and Resulting Trusts, Proprietary Estoppel – Joint Tenancy - One joint tenant is deceased – Whether joint tenancy severed by separate acts of the joint tenants – Whether tenancy severed by course of conduct.

Paradise Consortium Lomited trading as Jungle Fyah v Mason, Franklyn trading as Jungle Fiah

Civil Practice & Procedure – Tort – Passing Off – Whether the Defendant has breached the tort of passing off by using the name ‘Jungle Fiah’ – Elements of Passing Off – Whether the Claimant has established goodwill or reputation in the name “Jungle Fyah” – Whether the Claimant has demonstrated a misrepresentation by the Defendant to the public by using the name ‘Jungle Fiah’ – Whether the Claimant suffered or is likely to suffer damage due to misrepresentation – What remedies, if any, are available to the Claimant - Remedies – Whether the Claimant is entitled to an Order for recovery of

Palmer, Adidja v Minister of National Security, Superintendent of Tower Street Adult Correctional Centre and the Attorney General of Jamaica

Injunction – Application for the grant of an interlocutory injunction – Application for the grant of an interlocutory injunction made against the background of a constitutional claim challenging the legality of an inmate being held in solitary confinement – Whether there is a serious issue to be tried – Whether the application is frivolous and vexatious or amounts to an abuse of the process of the court Natural justice – Due process – Inmate allegedly found in possession of a prohibited article – Inmate employed to his cell while investigations are pending – Whether inmate afforded the righ

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