Sinclair, Michael and Douglas Sinclair v Campbell-Lewis, Constance Carol
Land - Recovery of possession - Whether fixed date claim should be converted
to claim form – Whether there are substantial disputes of fact – Whether one
Executor can give evidence of the acts carried out by co-executor – Open Justice
Principle
Cunningham, Len and Leroy Cunningham (By and through their agent Joyce Bunting) v Hall, Victor and Sonia Hall
Failure to serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure Rules (CPR) - Application for relief from sanction under Rule 26.8 of the CPR - Application made after trial had begun - Legal effect of irregular order granting extension of time - Whether the relevant witness statement was served within time as prescribed and whether any sanction applies, particularly if the relevant witness statement was filed within time - Whether a sanction applies and, if so, what is that sanction?
Verticast Media Group Ltd v Digicel (Jamaica) Limited, Columbus Communications Jamaica Limited and Cable and Wireless Jamaica Limited
Oral application for interim protection order
Bailey, Jairzenho v The Board of Management of the College of Agriculture, Science and Education (CASE)
Breach of Rules 9.3(1) and 10.3(1) of the Civil Procedure Rules (CPR) - Whether a default judgment has been entered against the defendant, and if so, whether the court should set it aside and/or stay its execution - Application for extension of time to file defence - Whether the length of the defendant’s delay is inordinate - Whether the defendant had a good reason for not filing and serving its defence and acknowledgment of service within the time prescribed - Whether the pre-litigation communication dated May 12, 2021 from the defendant to the claimant was ‘without prej
Riley-Smith, Odette v Dental Council of Jamaica, the Minister of Health and Wellness and the Attorney General of Jamaica
Application for Leave for Judicial Review - Whether there is a discretionary bar of delay - Whether the fact that the Applicant was in communication with the decision maker, seeking clarification, suspends the running of time. Whether the court can grant an extension of time in the absence of an application from the Applicant for an extension of time- Whether there is an arguable ground with a realistic prospect of success. (Rule 56).
Walters-Aikman, Alecia v Hibbert, Richard
Motor vehicle Accident - Negligence - Breach of duty of care.
Dietrich, Doreen Elizabeth v First Heritage Co-operative Credit Union Limited and Magne Evering
Mortgage – Power of sale exercised – Whether breach of duty by mortgagee – Subdivision approval obtained – Physical evidence of subdivision – Restrictive covenant not modified or removed - Splinter titles not issued -- Whether property appropriately advertised – Whether reasonable steps taken to obtain true market price at the time – Whether valuer in breach of duty.
Brown, Tarique v Peart, Charles Augustus and Wilton Hayman
Application to set aside default judgment - Service of documents - Non-service of Form 6 - Rule 8.16 (1) of the Civil Procedure Rules 2002
Khemlani, Karishma v Eyeland Eyewear
Civil Procedure Rules - Rule 15.2 - Application for summary judgment - Whether the defendant has real prospect of defending the claim - Real property – Defences of frustration, surrender of lease, set off, misrepresentation - Whether there is a good prospect of succeeding in these defences.
Maxam, Ava Marie v Davis, Robert Charles Clinton
Family Law – Maintenance – Application to vary Maintenance Order – Children
(Guardianship & Custody) Act s. 7(5) – Whether or not the Court can vary a
Consent Maintenance Order – Whether or not the court should vary a consent
Maintenance Order to remove a reference to updating existing sum for
maintenance by utilizing the consumer price index without the need for a hearing
for a variation of maintenance order.
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