2024

Tummings, Kimarla v Baker, Winston and Tennyson Foster

Civil procedure – Application to set aside default judgment pursuant to rule 13.3 of the Civil Procedure Rules – Application to extend the validity of the Ancillary Claim Form – Application to extend the validity of the Ancillary Particulars of Claim – Whether the Defendant has a real prospect of successfully defending the claim – Whether the Defendant has a good explanation – Delay – Risk of prejudice.

Thompson, John and Ena Thompson v Brown, Arnaldo and Beverley Swaby

Civil Practice and Procedure – Application to set aside default judgment – CPR Rule 13.3 – Whether or not the Defendants have a defence with a real prospect of success
Evidence – Admissibility of without prejudice correspondence – Whether or not exception to general principle of inadmissibility of without prejudice documents has been established – Whether or not parties had arrived at an agreement to settle.

Downie, Aretha and Kenroy Downie v Home & Things Limited

Civil Practice and Procedure – Court making order of its own initiative – Court
proposing to make order to strike out cause of action – Whether Claimant’s claim - Discloses no reasonable ground for bringing the claim for Defamation
Tort – Defamation – Defamation Act - Whether Claimants allegation that the
Defendant’s conduct and words alleging criminal conduct without specificity are actionable.

Housen, Maurice v The Attorney General of Jamaica and The Commissioner of Police for Jamaica

Constitutional Law - Charter of Fundamental Rights and Freedoms - Section 16 (11) - Right to due process - Prohibition against retrospective application of more severe penalties.
Whether fixed penalty imposed by null and void ministerial order and upon fixed penalty notice issued pursuant to section 116 of the Road Traffic Act 1938 in excess of fixed penalty prescribed by the Act constitutes a breach of the right to due process enshrined in section 16(11) of the Charter of Fundamental Rights and Freedoms.

DCL Castles & Cottages Development Limited v Skyscrapers Builders Limited

Arbitration Act 2017 - Application to set aside arbitral awards - Whether there are two final awards - Whether there is a partial award and a final award – Whether the cost award is an amendment to the merits award – Section 55 (3) of the Arbitration Act 2017 - Whether time to set aside the awards has expired section 49 of the Arbitration Act - Whether time can be extended under section 55(3) of the Arbitration Act 2017- UNCITRAL Model Law - Jamaica International Arbitration Centre (JIAC) Fast Track Rules – Whether a cost award can be set aside in the face of Article 14 (2) of the Jamaica I

Warren, Phyllis v The Administrator General for Jamaica

Limitation of Actions – Adverse possession – Land – Registered land – Tenancy-in-common – Co-owners hold interest in land as tenants-in-common – Extinction of title of registered co-owner – Whether the now deceased co-owner was dispossessed of his interest in the land prior to his death – Whether the estate of the now deceased co-owner was dispossessed of his interest in the land subsequent to his death – Whether the interest of the now deceased co-owner passed to his estate upon his death – Whether the claimant has proven that she has been in open and undisturbed possession of the land for

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