2023

Carter, Deon v Junor, Alford Alexander

Trial – The Rode Code - Motor vehicle accident – Turning from major road on to minor road – Duty of care of drivers and pedestrians - Contributory negligence – Apportionment of liability – Fracture to both arms – Quantum of damages

Black, Maureen v Advantage General Insurance Company Limited

Insurance – Whether Striking out or Summary Judgment – Motor vehicle collision – Release and discharge executed not honoured – Fraudulent misrepresentation alleged by insurer – Burden of proof – Whether Accord and Satisfaction – Whether Breach of contract with claimant  - Civil Procedure Rules 10.5(1),(4),(5), 15.2(b), 26.3(1)(a),(c),(d) & 74.4 Motor Vehicle (Third Party Risks) Act, sections 4,8 & 18

Simpson, Keino (By Next Friend Simone May) v Newton South and Simone May

Negligence – Motor Vehicle Accident – Motor Car and Pedal Cyclist – Credibility of Parties – Contributory Negligence – Whether the then minor Claimant was contributory negligent – Assessment of Damages – General Damages – Future Medical Care – Special Damages – Counterclaim – Agency – Relationship between Principal Actor and Third-Parties – Road Traffic Act s. 51 

Tarawali, Matthew v Caribbean Cement Company Limited

Whether the Claimant is entitled to payment of sums due and owing under the Defendant’s Pension Scheme - Limitation of Actions Act - Whether Claim is statute barred - Whether the Claimant is entitled to Damages for Fraud

Griffith, Paul v Griffith, Claude

Civil Procedure: Part 65 – Taxation Proceedings- Default Costs Certificate - Application to set aside - Rule 65.22 (2) – Whether default costs certificate was properly issued - Rule 65.22 (3) – Whether good reason exists to set aside.

Graham, Carlton v The Attorney General of Jamaica

Civil Practice & Procedure - Defendant not permitted to rely on any witness statement – Undisputed evidence – Quantum of Damages to be awarded – Damages for False Imprisonment – Damages for Malicious Prosecution – Aggravated and Exemplary Damages – Special Damages

Roberts, Sheldon v The Attorney General of Jamaica, The Permanent Secretary, Ministry of Education Youth & Information and Hugh Salmon (deceased) Eileen Biamby and Franklin Jackson

Whether claim is an abuse of process - Constitutional law - Section 16(2) of the Constitution - Right to Due Process - Public Service Regulations - Jamaica Library Board Administrative Rules Governing Disciplinary Procedure Affecting Permanent Officers and Employees – Withholding of salary on interdiction – Stay of Disciplinary Proceedings – Remedy for breach of constitutional rights.

Leon-Issa, Amoi v Detective Constable Julian Frazer, The Commissioner of Police, 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

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