Markland, Claudette v Nembhard, Richard and Akeem Nembhard et al
Land - Limitation of Actions Act - Whether defendant acquired right to possessory
title - Initial possession by virtue of family arrangement - Whether claimant entitled
to declaration that she is beneficiary and part owner of property - Claimant’s
entitlement a chose in action.
Wellington, Sheran v Jamaica Urban Transit Company and Dennis Stewart
Civil Procedure – Whether to set aside Default Judgment – Whether realistic prospect to successfully defending the Claim - Delay – Overriding Objective - Application of Civil Procedure Rules (CPR) 2002 (as amended): CPR 1.1, 10.9, 13.3 and 13.4.
Adjudah, Silvera v Attorney General of Jamaica and South East Regional Health Authority (SERHA) and Donald Farquharson
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 Doctrine of Res Judicata- Whether the claimants’ statement of case as framed
constitutes an abuse of the process of the court – Whether the claimants’ statement
of case is frivolous and vexatious – Whether the claimants’ statement of case
discloses any reasonable grounds for bringing the claim
Gordon, Janice v Statistical Institute of Jamaica
ASSESSMENT OF DAMAGES – Negligence – Personal injury – Employer’s
liability - Whether Employer provided a safe system of work – Novus actus
interveniens – Should a Defendant be liable for adverse outcome of a surgery –
Handicap on the Labour market
Bertram-Linton, Sonia (Representative of the Estate of Thomas Linton) v Taffe-Smith, Upie and Dwayne Freckleton
Application to set aside Default Judgment – Real Prospect of Success – Importance
of Prompt Application and Good Explanation – Question of prejudice against
Claimant who is now deceased – Overriding objectives
Harvey, Leroy v Goslin, Sylvester and Peter Guthrie
Motor Vehicle Accident – Negligence – Res Ispa Loquitur – Apportionment of
Liability -- Assessment of Damages.
Sutherland, Debbie v Surgix Jamaica Limited, Everton Baker and Karen Lindsay et al
Assessment of Damages – Mechanical back pain – Lumbago – Paraspinal muscle
strain – Pain and suffering – Loss of amenities – Significance of no impairment on
award for general damages – Relevant considerations for award of loss of earnings.
Southern Trelawny Environmental Agency and Clifford Barrett v The Attorney General of Jamaica, Noranda Jamaica Bauxite Partners II and New Day Aluminum (Jamaica) Limited
Constitutional law – Standing to commence constitutional claim – Whether company has locus standi to commence a claim for constitutional redress under section 19(1) of the Charter of Fundamental Rights and Freedoms in its own right - Whether a company can claim environmental rights under the Charter of Fundamental Rights and Freedoms - Right to enjoy a healthy and productive environment free from the threat of injury or damage from environmental abuse and degradation of the ecological heritage - Right to protection from degrading treatment
Mack Foster, Jackqueline v Foster, Carlton Everol
Civil practice and procedure - Application to register foreign order - Whether order from Florida Court capable of registration under the Judgments (Foreign) (Reciprocal Enforcement) Act - Application to enforce disclosure order of a Foreign Court - Whether or not interim disclosure order from a Florida Court capable of enforcement in Jamaica at common law - Application to register foreign order - Proper procedure to utilise to initiate application - Whether fixed date claim form to be used or application for Court Order in Form 7
Laing, Alban George v Dennis, Vinton and the Attorney General Chambers
Assessment of Damages – Nominal Damages for Loss of Use of Motor Vehicle – Pain and Suffering with whiplash injury with 10% PPD – Whether a claim for handicap on the labour
market should be specifically pleaded
Pagination
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