Buchanan, Isat Aquaba v The Custos of Kingston Hon. Mr. Steadman Fuller, The Advisory Committee for the Custos of Kingston and the Minister of Justice the Hon. Mr. Delroy Chuck
Sections 5, 6, 9 and 13 of the Justices of the Peace Act − The significance of the taking of the Oath of Office as a Justice of the Peace – The effect of a material non- disclosure on a claim for Legitimate Expectation – Section 16 (2) of the Charter of Fundamental Rights and Freedoms.
Gordon, Lucinda v Elizabeth Richards (Trading as Almond Lodge) Consolidated with Elizabeth Richards v Lucinda Gordon
Recovery of possession of land - Whether the registered proprietor is barred from seeking recovery of possession under sections 3 and 30 of the Limitation of Actions Act - Whether the registered proprietor’s rights and interest have been extinguished – Whether mesne profits are payable – Whether the lack of building approval should disentitle the defendant from a possessory title – Whether mesne profits are payable.
Evans, Nadiea v National Commercial Bank Limited
Claim for recovery of damages for false imprisonment and malicious prosecution
- Whether the defendant had imprisoned the claimant or whether the claimant was detained by the police - Whether the claimant was imprisoned in the absence of reasonable and probable cause - Whether the defendant
had prosecuted the claimant - Whether the claimant was prosecuted in the
absence of reasonable or probable cause - Whether the prosecution of the
claimant was actuated by malice.
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
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.
Moss, Deloris v Evans, Barrington
Personal injury - Whether defendant liable in negligence – Reliability of medical evidence
Manning, Melissa v Team HGS Limited (trading as Hindujah Global Solutions)
Civil Procedure – Application to strike out parts of an affidavit – Without prejudice rule – Exceptions to/limitations of the rule – Relevant and admissible
Lawrence, Lowan v Bhatija, Mukesh Suresh
Civil Procedure Rules –– Application to set aside Default Judgment –– Real prospect of success –– Year delay between acknowledgment of service and application to set aside –– Affidavit of merit and defence being provided by Counsel –– Loss of telephone and inability to communicate with Counsel –– Possible prejudice.
Kent, Desmond v Williams, Navada and Marlene Thompson
ASSESSMENT OF DAMAGES –– Personal Injury –– Pedestrian hit by motor vehicle –– Motor vehicle collision –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Tenderness over 9th ribs –– Fracture to 9th left rib –– Chronic Pain –– Post-Traumatic Stress Disorder –– Moderate tenderness over left and right anterior 7th ribs.
Pagination
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