2023

Coral Cove Management Limited v Croskery, Hugh Maybury and Sara Meany (Nee Croskery) et al

Application for interim injunction pursuant to section  49(h) Judicature (Supreme Court) Act – rule 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 – Whether right of first refusal gives the applicant an equitable interest in property - Whether there is a serious issue to be tried - Whether damages an adequate remedy – Balance of convenience - Whether injunction is mandatory or prohibitory - Likely prejudice - Preservation of status quo

Campbell, Jade Sherlene Camela v Jamaica Money Mmarket Brokers Limited and Carol Alecia Campbell (Co-Administratrix estate Alfred Campbell deceased) et al

Civil Procedure - Application for security for costs – Whether dual residence- Whether Claimant ordinarily resident outside the jurisdiction - Whether there is a probability of the claim being stifled - Specific disclosure and request for information – Whether employee’s address confidential and not to be disclosed -Whether information requested is “directly relevant”.

James, Oswald v The Attorney General of Jamaica

Constitution – What is a judgment -- Retirement of Judge of Appeal  Whether tenure of Judge of Appeal was extended - Whether judgment delivered is a nullity - Breach of right to a fair hearing within a reasonable time by an independent and impartial court established by law - Damages
Jamaica (Constitution) Order in Council 1962, Section 106, The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(1), The Gazette Act, The Interpretation Act

Anderson, Roy K v Clacken, Dwight

Defamation – Publication containing defamatory imputation against the claimant – Meaning of words published – Implications – Innuendo
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendant is relevant –
Defence – Defence of truth – Defence of fair comment
Damages – Principle of compensation to an individual claimant – The Defamation

Issa, Amoi Leon v Ffrazer, Detective Constable Julilan and the Commissioner of Police and 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

Skyrock Capital Limited v Lawrence, Minett and Lowell Lawrence

Breach of contract - Promissory note - Section 35,36 and 50 of the Stamp Duty Act - Whether sums advanced amount to a loan or deposit on acquisition of shares in company - Whether promissory -  Note valid and enforceable -  Whether equitable mortgage created.

Francis, Richard and Juanitta Chin v Fletcher, Christopher

Civil procedure - Notice of application - Whether issue of striking out is Res Judicata - Claim form proceedings - Whether claim ought to have been commenced by means of claim form - Conversion of proceedings from fixed date form to claim form 

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