Anikwue, Monique Ifeoma Elizabeth v DCR Hardware and Construction Ltd
Application for interlocutory injunction - Whether there is a serious issue to be tried – Whether damages are adequate – Whether the application is in the nature of a permanent injunction - Whether an injunction can be granted at the interlocutory stage where there is no claim for permanent injunction in the Claim - Whether it is necessary to make a distinction between mandatory and prohibitory injunction - (Rule 17 of the Supreme Court Civil Procedure Rules, 2006.)
Stewart, Seymour v Nkrumah, Nkosana Naim
Injunction – Application for Interlocutory Injunction – Whether there is a Serious Issue to be Tried – Whether or not the Balance of Convenience Rests with the Claimant.
Money Lenders Act – Whether the Act Applies to this Loan – Whether Defendant’s
Lending is Incidental to his Main Business – Whether Loan Agreement and Security are Enforceable – Whether Court Should Exercise its Discretion Under s. 8(3) of the Act
Smith, Sonia and Donovan McKenzie et al v The Council of the Kingston and St. Andrew Municipal Corporation, The Kingston and St. Andrew Municipal Corporation et al
Application for leave to appeal – Relevant Test – Rule 1.8(9) CAR - Judicial Review – Part 56 CPR - Lapse of Time – Whether there can be a second application for judicial review – Is a second application the same as a renewal
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 In
EW Lewis Investment and Finance Limited and EW Lewis Investment Venture Capital Limited v Plantation Development Company Limited, Christopher Kerr and Plantation Holdings Company Limited
Contract – Loan – Promissory Notes – Whether loan repaid – Whether interest rate agreed – Whether documentation created a sham transaction – Whether illegality tainted contract – Whether evidence admissible – Stamp Duty Act – Whether documents improperly stamped – Whether late stamping permissible – Whether equitable mortgage created – Hearsay objections to witness statement – Failure to take objections at case management – Whether trial judge has discretion to refuse to entertain late application – Whether self-serving evidence of communication to a third party admissible – Whether trial j
Wood, Sandy Marie v ARC Manufacturing Company Limited, Lackie Horne, Charlotte Alexander and the Attorney General of Jamaica
Application to strike out a claim - Whether summary judgment is applicable to a claim for Defamation - The Defamation Act, 2013 and the limitation period created by the Act, the court’s power to extend the limitation period under the Defamation Act ,2013 - Whether the court has authority to extend the time for an applicant to challenge the court’s jurisdiction to hear a claim, breach of the implied term of trust and confidence in a contract of employment and the jurisdiction of the court to determine claims for breach of trust and confidence and wrongful dismissal
Proprietors Strata Plan 253 v Annmarie Logan
Civil Practice and Procedure – Application to strike out – Whether claim discloses reasonable grounds for bringing the claim.
Civil Practice and Procedure – Whether the present claim is an abuse of process of the Court.
Willis, Gwendolyn v Britton, Kervin, Octavia Clough and Hector George St. Anthony Clough
Civil Practice and Procedure – Judgment after striking out – Rule 26.5 – Whether the claimant is entitled to judgment on terms against the 1st defendant on the facts pleaded.
Limitation of Actions – Whether Claimant’s Right to Recover Possession was extinguished in relation to the 1st Defendant.
Levy, Rosemarie v Richard McLeoa and Winston Thompson
Assessment of Damages –– Personal Injury –– Motor vehicle accident –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Soft tissue injury to left waist –– Multiple abrasions to skin –– Whiplash injury of cervical spine –– Traction brachial plexopathy –– Chronic Lumbosacral strain – – Bilateral Knee Medial Bursitis –– Left Metatarsalgia –– 3% whole person impairment.
Clarke, Damar v Eileen Angella Taylor
Motor vehicle accident – Whether the defendant liable in negligence - Whether claimant contributory negligent
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