Rose-Jackson, Keisha (Administratrix ad Litem in the Estate of Gloria Rose and Sharon McFarlane (Administratrix ad Litem in the Estate f Gloria Rose) v Davidson, Noel
Civil Procedure - CPR 13.2, 13.3- Whether default judgment should be set aside because particulars amended after the default judgment was entered - Whether default judgment should be set aside because amended particulars were not served personally on the Defendant - CPR 39.6 Whether judgment on assessment should be set aside as notice of assessment not served on Defendant - Notice of assessment served by registered post-service by registered post.
IBP Outsourcing Limited v Unique Four Limited
Nuisance – Commercial Lease – Noise from Adjoining Nightclub – Landlord liable in Nuisance if Participated Directly – Whether Landlord Liable for Breach of Covenant of Quiet Enjoyment – Whether Doctrine of Frustration applies – Alteration to Premises – Unstamped Lease Agreement Inadmissible for Enforcement of its Terms – Common Law – Privity of Contract – Parties agreed to be bound - The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, section 16(2) - The Stamp Duty Act, section 36
Codner, Denvan v The Land Surveyor's Disciplinary Committee of Jamaica
Judicial Review − Student Surveyor served by registered post fails to appear at disciplinary hearing – Finding of guilt made in absentia – Sentence – Appeal from sentence – Judicial review of finding of guilt of Committee - Appeal from sentence to Court of Appeal – Challenge to finding of guilt and sentence concurrently in Supreme Court and Court of Appeal – No application for stay of proceedings in Court of Appeal – Court of Appeal reduces sentence before judicial review is complete – Effect on judicial review proceedings.
Jackson, Fitz v The Bank of Novia Scotia
Civil Procedure – Civil Procedure Rules - Summary Judgment – Bills of Exchange Act – Whether any branch of a bank may be considered the Drawee Bank – Rights of Payee – Rights of Payee viz Collecting Bank - Banking Services Act/Regulation - Whether Bank may charge fees for services
Scott, Jacob v Brown, Sabrina and Office of the Children's Advocate
Articles 7,29,37 and 38 of The Hague Convention- Children (Guardian and Custody Act) Amendment 2017- Sections 7E, R - Contracting Parties.
West Indies Petroleum Limited v Scanbox Limited, Winston Henry, Courtney Wilkinson and John Levy
Civil Procedure –Default Cost Certificate – Whether there is a good reason to set aside the Default Cost Certificate – Civil Procedure Rules 64.6, 65.20 and 65.22
Montique, Charles v Smith, Constable Audrey, Attorney General and Detective Constable Tashana Hinds
False Imprisonment – Malicious Prosecution – Whether there was Reasonable and Probable Cause Damages – Aggravated Damages – Exemplary Damages - Vindicatory
Fagan, Fredrick v Perry, Kenneth
Land Law – Fraud – Defeasibility of title – Breach of contract of Sale for Land – Whether a contract was duly formed between the parties – Whether the Defendant/Purchaser completed payment of the purchase price – Whether the Defendant was a purchaser in possession or a Tenant – Whether the Registered Title was transferred to the Defendant by fraud – Whether a contract is still enforceable where there is fraudulent performance.
Kennedy, Alexander and Brenda Kennedy et al v Benjamin, Nigel and Kingston and Saint Andrew Municipal Corporation et al
Civil Practice and Procedure – Application for Injunction – Whether there is a Serious Issue to be Tried – Whether or Not the Claimant Has Established a Case with a Real Prospect of Success in Nuisance Against the 1st and 4th Defendants.
Civil Practice and Procedure – Application for Injunction – Whether Damages is an Adequate Remedy for the Claimant – Whether the Balance of Convenience Lies with the 1st and 4th Defendants or the Claimants in their Competing Interests to Enjoy the User of their Respective Properties.
Guyah, Omar v The Commissioner of Customs and the Attorney General of Jamaica
Judicial Review – Was the vehicle uncustomed goods – Locus Standi – Can the court make orders about the Claimant’s equitable rights in the absence of the legal owner – Was the vehicle unlawfully seized by the agents of the Jamaica Customs department – Abuse of Process – The Customs Act, s. 2, 19, 91, 210, 219 and 259
Costs – No Orders as to Costs – Civil Procedure Rules, 2002, Part 64
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