2023

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.

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

Virgo, Ramone v Jones, Nardia

Trial – Application for adjournment –Whether the Case Management Conference Judge can sit as the trial Judge – Fast Track Court, the Docket System and the role of the Case Management Conference Judge

Steadman, Joycelyn v Quest Security Company Limited

Civil Procedure – Notice of Application for Court Orders to Strike Out Claim – Abuse of Process – Summary Judgment – Contra Proferentem Rule – Constructive Trust – Ambiguity – Limitation of Actions Act, s. 34 and 46 – Civil Procedure Rules, 1.1, 3.12, 15. 5(2), 15.5(5) and 26.3. 

Ellis, Claudette v The Transport Authority of Jamaica

Tort – Detinue – Motor vehicle documents seized by the servant and/ or agent of the Transport Authority of Jamaica – Motor vehicle documents misplaced while in the custody of the servants and/or agents of the Transport Authority of Jamaica – Constitutional Claim - Vindicatory Damages – Exemplary Damages

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 Family Law – Division of Property – Whether claim was made in time – Whether the Parties were in a common-law relationship – Whether the parties separated in 2007 or 2011 – Whether claim is to proceed under section 6 or 14 of PROSA – Nature and Tenure of Claim – Whether Claimant is entitled to

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