Fuller, Lockley (Executor of the estate of Ellery Fuller) and Joycelein Fuller v Johnson, Daisy
Civil Procedure –– Application to enter Default Judgment –– Application for Defence to stand –– Application for Extension of time to file Defence –– Relevant considerations –– Whether the delay was lengthy and inordinate –– Whether a good explanation/reason was provided –– Whether Defence has a real prospect of success –– Locus Standi –– Whether a ‘Second Executor’ can commence an action in another estate.
Rutherford, Granklin v Rui Jamaicotel Limited
Personal injury claim – Whether claimant should be permitted to amplify his witness statement under CPR 29.1 (a) – Whether claimant permitted to rely on documents not previously disclosed - Whether claimant has proven breach of duty under the Occupiers’ Liability Act- Whether causal connection between injury and alleged breach of duty.
Broadbell, Aldwayne v Farquharson, Donald
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
Wilson, Nadine (By agent Ian Paul Ellison) v Brown, Daisy, Minka Wilson and Michael Wilson
Recovery of Possession – Adverse Possession – Sections 3, 4(a) and 30 of the
Limitation of Actions Act – Whether or not the Claimant’s Title has been
Extinguished – Whether or not the 1st and 2nd Defendants were in sole, exclusive
occupation of the property.
Ellis, Joy v Gilbert, Sean Paul
Civil Practice and Procedure – Application for Summary Judgment – Whether the
Defendant has a Defence With a Real Prospect of Success in Whole or in Part
Concerning Whether or not the Claimant was Involved in the collision or injured
in the Collision
Austin, Kerry-Ann v Morris, Shanique, Sharon Morris and Phillip Morris
Civil Practice and Procedure – Application to Set Aside Default Judgment Entered on a Counterclaim – CPR Rule 13.3 – Whether or not the Claimant has a good explanation for failure to comply with the CPR to File a Defence to the Counterclaim – Whether or not the Claimant has made the appropriate application – Should they have applied for relief from sanction or whether it should have been an application to set aside default judgment – Whether or not the Claimant has a Defence with a Real Prospect of Success.
Walford, Herbert v Taylor, Paul and Suzan Taylor
Civil Procedure & Practice –– Contract Law –– Breach of Contract –– Elements of a Contract –– Specific Performance – Proprietary Estoppel – Possessory Title - Unjust Enrichment –– Absence of Documentary Evidence –– Sale Agreement.
Administrator General of jamaica (Administrator for the estate of Japheth Heath, deceased) v Taylor, Muriel
Recovery of Possession –– Letters of Administration –– Claim for mesne profits
Lewis, Nicole v Barbee-Wooten, Daphne
Civil Practice and Procedure – Application to Amend Defence – Late Stage Amendment – Whether Amendment to Defence Permissible – Principles Applicable to Late Stage Amendment - Commencement of Action – Filing of Claim Form – Rule 8.1 – When is a Claim Commenced – Whether Date for Commencement of Action can be extended under rule 3.2(5).
Island Jamaica Limited v The Industrial Disputes Tribunal
Judicial Review – Employment – Unjustifiable dismissal not challenged – Compensatory Award challenged for being Wednesbury unreasonable – Failure of IDT to consider all relevant factors – Parity with previous awards absent from findings and not considered – Award irrational.
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