Plummer, Phenee Anthony and Sean Fraser v Dembigh Farms Limited, John Plummer and Brian Plummer
Judgment Summons – Summons to Examine – Enforcement of Money Judgment – Burden of Proof – Whether judgment debtors had means or ability to pay - Observations on the Debtors Act, Part 52 of the Civil Procedure Rules 2002 and, the jurisdiction to commit persons for non-payment of judgment debts.
Jackson, Andra v Davidson, Valentine
Civil Procedure – Whether claim can proceed where the enactment upon which the claim is premised is not stated – Whether Claimant’s statement of case is sufficient – Prejudice – Overriding Objective of the Court – Exclusion of Hearsay Document – Civil Procedure Rules 1.1; 8.7; 8.8; 8.9; 26.9 and 29.1
Wright, Omar v Burke, Vivian Omar and Duwayne Hemmings
ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages
Evans, Neville v Hogg, Leo
Civil Procedure Rules – Rule 10.3(1) and 10.3 (9) - Permission to file defence out of time - 11 years elapsed between filing an acknowledgement of service and a defence - Reason for the delay - Whether there exists an arguable case - Sale of Land - Breach of contract - Fraud – Specific Performance.
Coleman, Elgar v Administrator General for Jamaica, The Registrar of Titles, The Attorney General of Jamaica and the Commissioner of Lands
Civil Procedure - Application to strike out the statement of case – Civil Procedure Rule 26.3– Adding of a party after the case management conference – Beneficial
interest in land – Adverse possession of land – Limitation of Actions Act – Crown Property (Vesting) Act.
Re Joel Augustus Gibson otherwise known as Joe Gibbs
Will - Construction – Testamentary intention – Court to interpret and give opinion, advice, directions and make Orders regarding unclear clauses of a Will - Section 39 of the Administrator-General’s Act.
Newman, Garnet (Administratrix of the Estate of Claris Crawford-Thomas, deceased) v Crawford, Consie and Alfred Crawford et al
Civil Procedure – Res judicata – The doctrine of res judicata – Issue estoppel – The doctrine of issue estoppel – Whether the instant claim is a collateral attack on a previous order of the court – Whether the instant claim offends the doctrine of res judicata – Whether the claim offends the doctrine of issue estoppel – Whether the formalities for the sale of land have been satisfied in respect of the purported sale and purchase of the subject property – Intestates’ Estates and Property Charges Act, sections 2(1) and 4(1), Interpretation Act, section 41
Harrison, Joy Patricia v The Council fo the Caribbean Maritime University
Application for leave for judicial review - Nature of the application for leave -
Burden of proof - Standard of proof - Whether private law contract being
pursued as public law matter – Whether impugned decision amenable to
judicial review - Who is a public officer – Private law right derived from statute
distinct from private law right derived from contract - Leave refused
application to be treated as ordinary claim.
Nelson, O'Neil v Adams v Adams, Wilwood
Breach of Contract - Whether there is a valid contract - Whether contract void for consideration - Whether principle of promissory estoppel applicable
Administrator General v Bennett, Angela Viola
Fraudulent misrepresentation - Fraud must be specifically pleaded and specifically proven – Whether representations made were false – Whether claimant knew representations were false or reckless as to whether the representations were fraudulent - Definition of spouse under the Intestates Estates and Property Charges Act.
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