Watts, Maxine v Clarke, Omar and Loans Unlimited Limited
Civil Procedure – Application for permission for defendants to amend defence
– Whether proposed amendment to defence raises a different case than that
originally pleaded – Principles to be applied in determining whether to grant
application - Rules 20.4(2), 1.1(2) (d) and 1.3 of the Civil Procedure Rules, 2002, as Amended.
Palmer, Adidja; Shawn Campbell and Andre St. John v Superintendent of Tower Street Correctional Centre, Attorney General and the Director of Public Prosecution
Writ of Habeas Corpus ad subjiciendum. The Conviction of the Applicants on charges for murder, have been quashed but the issue as to whether they should be retried is still pending - Where a conviction has been quashed, and no verdict of acquittal yet entered, whether this results in the removal of the charge against the Applicants – Whether any further detention after the quashing of the conviction.
Kalbus, Irina Albertovna v Hospiten Jamaica Limited and Dr. Roberto Ledo Battle
Application for security for costs - Claimant resident out of the jurisdiction - No evidence of any assets within this jurisdiction - Evidential burden of each party - Claimant failing to provide evidence of her financial circumstances.
Adjudah, Silvera v Ministry of Justice, Delroy Chuck-Minister of Justice and Andrew Holness - Prime Minister of Jamaica
Civil Procedure - CPR 26.3(1) (b) and (c) - Application to strike out statement of case - Whether claim which alleges that the failure of public functionaries to accede to an entreaty to re-examine and amend the Limitation of Actions Act discloses a reasonable ground for bringing a claim in negligence or a claim for breach of the constitutional rights to life, equality before the law and to equitable and humane treatment by a public authority in exercise of any function - Whether such a claim commenced by claim form is an abuse of the process of the court.
Seal Construction Company Limited, First Tropical Properties Limited et al v Herzog Contracting Corporation and Herzog Jamaica Limited et al
Rules 15, 26 and 41 Civil Procedure Rules, 2002 - Whether the matter should be struck out against the 4th and 5th Defendants - Whether summary judgment should be granted.
Stewart, David (Trading as Speed and Truck World) v National Commercial Bank Jamaica Limited
Interim injunction - Whether there is a serious issue to be tried that the defendant is in breach of the Universal Terms & Conditions Merchant Agreement – Whether the defendant was entitled to freeze the claimant’s bank account under the Universal Terms & Conditions Merchant Agreement – Whether the defendant was entitled to notice before his account was frozen – Whether the defendant was denied the opportunity to respond to the chargeback query.
Buddington, Romarne v Jamaica Urban Transit Company Ltd. v Winston Allison
Negligence - Motor vehicle accident - Breach of duty of care - Assessment of damages
Astor Asset Management Limited v ZS Capital Fund SPC, MA Danyu, Zhang Ningning and Zhou Yihui
Arbitration Act - Jurisdiction of Court to intervene in Arbitral proceedings – Whether S. 55 is a mandatory provision – Setting aside Arbitral Award - Summary Judgment.
Chung, Gregory v The Commissioner General (Tax Administration Jamaica)
General Consumption Tax Act - Whether notice of objection determined pursuant to section 40(3) is a decision relating to an assessment and therefore subject to the appellate procedure at section 41 - Whether leave is required to appeal decision made in accordance with section 40(3) and for which the Revenue Appeals Division declined jurisdiction on an appeal filed to it - Considerations for applications to extend time to appeal to the Revenue Court.
Wint Harrow, Enid v Thorpe, Arlene
Application to strike out - Action on the case - The tort of negligence from a motor vehicle accident - Limitation of action - Computation of time - Whether the day of the accident is excluded from the reckoning of time.
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