JANUARY MARCH 2018 JUDGMENTSnmls.edu.jm/wp-content/uploads/2018/07/CABulletin-74.pdfFacey, Floyd...

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JANUARY MARCH 2018 JUDGMENTS Abayomi, Kwame v R JMCA 22.06.2017 Aird, Linval v R JMCA 26.09.2017 Allen, Adolph v Orandy Moving & Storage Company Limited and Kayon Kentish and Orandy Moving & Storage Company Limited and Omar Lawrence JMSC 12.05.2017 Negligence Road traffic accident Road Traffic Act Personal injury Duty of care Duty of care to passengers Duty of care when making a turn Contributory negligence Vicarious liability Assessment of damages Alliance Investment Management Limited v Universal Agencies Limited and Stafford Shann JMSC 20.09.2017 Notice of application for Court Orders Application for relief from sanctions Civil Procedure Rule 26.8 Whether the Applicant has a good explanation for failure to comply Civil Procedure Rule 26.5 Request for entry of judgment after striking out Asset recovery Agency v Ouida Desrene Stennett and IPS International LLC and Milton Clarke JMSC 06.09.2017 Injunction Interim injunction The Proceeds of Crime Act Restraint Order Application to Discharge Restraint Order Application for Extension of Restraint Order Civil Recovery Order Standard of proof Balance of probabilities Good arguable case Criminal trial Not guilty verdict Dismissed for want of prosecution Attorney General of Jamaica v Arlene Martin JMCA 31.07.2017 Austin, Demone and Lennox Brown and Kemar Brown and Texroy Perry and Christopher Campbell and Kirkdayne Virgo v R JMCA 26.09.2017 Baldwin, Gary v Dave Quest JMSC 29.09.2017 Conversion and detinue Boats seized by bailiff Warrant of levy Registration of boats Fisheries Industry Act Person entitled to possession Specific and unconditional demand Whether defendant justified in retaining the boats JMSC 29.09.2017 Bellentyne, Bernard v R JMCA 16.06.2017 Bennett, Josephas v R JMCA 10.07.2017 Blake, Daryeon and Vaughn Blake v R JMCA 21.07.2017

Transcript of JANUARY MARCH 2018 JUDGMENTSnmls.edu.jm/wp-content/uploads/2018/07/CABulletin-74.pdfFacey, Floyd...

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JANUARY – MARCH 2018

JUDGMENTS

Abayomi, Kwame v R JMCA 22.06.2017 Aird, Linval v R JMCA 26.09.2017 Allen, Adolph v Orandy Moving & Storage Company Limited and Kayon Kentish and Orandy Moving & Storage Company Limited and Omar Lawrence JMSC 12.05.2017 Negligence – Road traffic accident – Road Traffic Act – Personal injury – Duty of care – Duty of care to passengers – Duty of care when making a turn – Contributory negligence – Vicarious liability – Assessment of damages Alliance Investment Management Limited v Universal Agencies Limited and Stafford Shann JMSC 20.09.2017 Notice of application for Court Orders – Application for relief from sanctions – Civil Procedure Rule 26.8 – Whether the Applicant has a good explanation for failure to comply – Civil Procedure Rule 26.5 – Request for entry of judgment after striking out Asset recovery Agency v Ouida Desrene Stennett and IPS International LLC and Milton Clarke JMSC 06.09.2017 Injunction – Interim injunction – The Proceeds of Crime Act – Restraint Order – Application to Discharge Restraint Order – Application for Extension of Restraint Order – Civil Recovery Order – Standard of proof – Balance of probabilities – Good arguable case – Criminal trial – Not guilty verdict – Dismissed for want of prosecution Attorney General of Jamaica v Arlene Martin JMCA 31.07.2017 Austin, Demone and Lennox Brown and Kemar Brown and Texroy Perry and Christopher Campbell and Kirkdayne Virgo v R JMCA 26.09.2017 Baldwin, Gary v Dave Quest JMSC 29.09.2017 Conversion and detinue – Boats seized by bailiff – Warrant of levy – Registration of boats – Fisheries Industry Act – Person entitled to possession – Specific and unconditional demand – Whether defendant justified in retaining the boats JMSC 29.09.2017 Bellentyne, Bernard v R JMCA 16.06.2017 Bennett, Josephas v R JMCA 10.07.2017 Blake, Daryeon and Vaughn Blake v R JMCA 21.07.2017

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Boswell, Kenneth v Selnor Developments Limited JMCA 19.10.2017 Bowen, Charmaine v Island Victoria Bank Limited and Union Bank Limited and RBTT Bank Jamaica Limited and Finsac Limited and Jamaica Redevelopment Foundation Inc and Dennis Joslin Ja. Inc. JMCA 02.06.2017 Bowen, Charmaine v Island Victoria Bank Limited and Union Bank Limited and RBTT Bank Jamaica Limited and FINSAC Limited and Jamaica Redevelopment Foundation Inc. and Dennis Joslin Jamaica Inc. JMCA 31.07.2017 Brady, Harold v General Legal Council JMCA 20.07.2017 Campbell, Leon v R JMCA 02.10.2017 Chung, June v Shanique Cunningham JMCA 31.07.2017 Clacken-Campbell, Lashoy Remouna v Glenford George Campbell JMCA 14.08.2017 Clarke, Everton v R JMCA 31.07.2017 Crichton Automotive Limited v The Fair Trading Commission JMCA 20.10.2017 Cummings, Denry v Heart Institute of the Caribbean Limited JMCA 20.10.2017 Delgado, Elio v R JMCA 26.09.2017 Director of Public Prosecutions v Laeford Washington Norman JMCA 16.06.2017 Procedural appeal (Considered on paper pursuant to rule 2.4(3) of the Court of Appeal Rules 2002) Div. Deep Limited and Mahesh Mahtani and Haresh Mahtani v Topaz Jewellers Limited and Raju Khemlani JMCC 06.10.2017 Civil Procedure – Application to strike out claim – No reasonable grounds for bringing claim – Claim essentially for breach of contract and fraud – Whether claim statute barred – Factual dispute as to date cause of action arose – civil Procedure Rules 2002 Rule 26.3(1)(B) and (C) Company Law – Claim against a limited liability company – Managing director and majority shareholder also sued in his personal capacity – Whether criteria exists for piercing the corporate veil – Whether it is necessary to lift the corporate veil to hold the majority shareholder liable Eccleston, Frederick v Francella Eccleston and Cleve Lewis and Desmond Gillette JMCA 13.07.2017

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Ewers, Tanya (Executrix of the estate of Mavis Williams) v Melrose Barton-Thelwell JMCA 31.072017 Fair Trading Commission (Appellant) v Digicel Jamaica Limited and another (Respondents) (Jamaica) UKPC 24.08.2017 Hinds, Norton Wordworth and Phillip Feanny Paulwell and Collin Randolph Campbell and Robert Dixon Pickersgill and Portia Lucretia Simpson-Miller v The Director of Public Prosecutions JMCA 23.06.2017 Gavin, Calvern v Lauretta Gavin JMSC 14.09.2017 Property (Rights of Spouses) Act – Fixed Date Claim Form filed and served – Application for extension of time to file FDCF – Application for leave to make application out of time <The> General Legal Council (ex parte Elizabeth Hartley) v Janice Causwell JMCA 29.06.2017 Gordon, Phyllis v Pamela Gordon JMSC 15.09.2017 Contract law – Breach of contract – Intention to create legal relations – consideration – Transfer of property – Fraudulent misrepresentation – Fraud – Sections 70 & 71 of the Registration of titles Act – Rescission of Contract Graham, Vernaldo v R JMCA 10.07.2017 Graham, Wentworth v The Jamaica Stock Exchange JMCA 21.07.2017 Hall, Richard v Zada Hall JMCA 02.10.2017 Jacas, Thelma v Howard Jacas and Lorenzo Jacas, and Sylbert Jacas and Gordon Jacas and Neil Jacas JMSC 19.05.2017 Application for an interim injunction – Settled Land Act – Rights and Powers of life tenant and remaindermen – Whether Remaindermen should by denied access – Whether there is a serious question to be tried – Damages as an adequate remedy – Balance convenience Jamaica Public Service Company Ltd. (Appellant) v The All Island Electricity Appeal Tribunal and others (Respondents) (Jamaica) UKPC 06.07.2017 Jebmed S.R.L. v Capitallease S.P.A. Owners of M/V Trading Fabrizia and Ligabue S.P.A. and X/O Shipping A/S [Consolidated with] Elberg Ship Management and Enterprise Shipping Agency and Capitalease S.P.A. Owners of M/V Trading Fabrizia and Motor Ship Trading Fabrizia JMCC 19.07.2017 Admiralty claim - Claim in rem against a ship-ship owners entering appearance – Judgment entered against ship owners in personam in a foreign jurisdiction-ship owners applying to set aside judgment on grounds of res judicata and abuse of process of the court – Whether claim should be set aside Admiralty claim – Application to amend claim – Whether amendment should be refused on the basis that claim is res judicata Jebmed S.R.L. v Capitalease S.P.A. Owners of M/V Trading Fabrizia and X/O Shipping A/S Ligabue S.P.A. JMCA 13.10.2017

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In the matter of the Judicature (Resident Magistrates) Act and In the matter of the Constitution of Jamaica and In the matter of the Extradition Act Writ of Habeas Corpus Subjiciendum Facey, Floyd Sheldon v The Director of Correctional Services and The Attorney General and The Director of Public Prosecutions Extradition Act – Extradition Treaty – provisional warrant – Non disclosure – standard of proof Kandekore, Lijyasu M. v COK Sodality Co-operative Credit Union Limited and Deidre Daley and Donnovon Ward JMCA21.09.2017 King, Martia v Matthew Hibbert and Rohan Grant JMSC 06.09.2017 Civil law – Negligence – Motor vehicle collision – Contributory negligence – Whether the claimant was contributorily negligent – Defence – Self preservation – Whether damages should be awarded in the circumstances Lamont, Orlando v R JMCA 10.11.2017 Lawrence, Earline v Dean Edwards JMSC 06.09.2017 Land law – Contract law – Agreement for sale – Registered land – Joint tenancy – Intention to create legal relations – Incomplete sale agreement – No transfer of interest in land – Resale of land – Death od vendor – Equitable interest – Decree of specific performance Mair, Michael v Flexpak Limited JMSC 06.09.2017 Application for Summary Judgment – Rule 15 of the Civil Procedure Rules McLeod, Leslie v R JMCA 27.10.2017 McPherson, Travis and Odean Samuels v R JMCA 27.10.2017 Meadows and others v The Attorney General and another PC 19.10.2017 Miller and another (Appellants) v Miller and another (Respondents) (Jamaica) UKPC 06.07.2017 Ministry of Housing v Lancelot Neville Raynor and Jean Andrea Kathleen Raynor JMCA 06.10.2017 Myrie, Icilda and Donovan Baker and Tenloy Baker v Alice Fagon JMCA 11.07.2017 New Falmouth Resorts Limited v Jamaica Public Service Company Limited JMSC 31.07.2017 Electricity – Supply – Squatters in occupation of premises without consent of owner – Whether electricity supply to premises is trespass to land – The Amended and Restated All-island Electric Licence 2011 Nicholas, Lystra v Everald Nicholas (Executor in the estate of Neville Nicholas) and Nick’s Haulage Contractors Ltd. JMSC 25.09.2017

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Civil Procedure – Application for Court Orders – Application for extension of time pursuant to sections 4, 5, and 6 of the Inheritance (Provision for Family and Dependents) Act Palmer, Dean v R JMCA 23.06.2017 Pfizer Limited v Medimpex Jamaica Limited and NMF Pharmaceuticals Limited (t/a Mac’s Pharmaceuticals) and Lasco Distributors Limited JMSC 30.11.2017 Damages – Assessment of damages based on undertaking given on obtaining an interlocutory injunction – Whether damages are to be awarded for post-injunction period Powell, Osbert and Frank Powell and Karl Linton Powell and jasmine Powell-Stephenson and Marsh Baccas (Administratrix –Estate of Myrtle Powell v David Powell (In his personal capacity and in his capacity as Executor of the Estate of Lillian Powell JMSC 12.05.2017 Real property – Application for declaration of beneficial interest in unregistered land – Validity of indenture instrument – Proprietary estoppels Prime Sports Jamaica Limited (Coral Cliff Entertainment) v Lori Morgan JMCA 20.10.2017 Rowe, Leighton v R JMCA 22.05.2017 Roye, Clive v Joyce Ellis JMCA 26.09.2017 Sagicor Pooled Investment Funds Limited v Robertha Ann Matthies and John Otway and Jennifer Otway and Paul Issa and Jacqueline Issa and Susanne Issa JMCA 10.11.2017 Sandals Resorts International Limited v Neville L. Daley & Company Limited JMCA 07.11.2017 Segree, Garfield v Jamaica Wells and Services Limited and National Irrigation Commission Limited JMCA 31.07.2017 Shaw, Leroy v R JMCA 15.05.2017 Shipping Association of Jamaica v G S Trucking Company Limited JMCA 10.11.2017 Strata Invest OU v Palmyra Resorts and Spa Limited and Palmyra Properties Limited JMCA 31.07.2017 Symbiote Investments Limited v The Spectrum Management Authority and The Office of Utilities Regulation and The Ministry of Science, Energy and Technology JMSC 24.01.2017 Leave for Judicial review – The Telecommunications Act – Error on the face of the record – Is a preliminary decision reviewable? – Alternative remedy to Judicial Review – Section 14 of the Telecommunications Act – Section 23 of the Telecommunications Act 3M Company v Manufacturera 3M SA DE CV JMCA 21.07.2017

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<The> Transport Authority v Amy Hyacinth Bogle JMCA 19.10.2017 Turner, Grace v University of Technology JMCA 23.10.2017 Turner, Grace v The University of Technology Jamaica JMCA 26.10.2017 University of Technology, Jamaica (Appellant) v Industrial Disputes Tribunal and others (Respondents) (Jamaica) UKPC 17.07.2017 West, Junior v Gerald Miller JMSC 06.07.2017 Interim injunction – Factors to be considered in granting interim injunction – Guiding principles under American Cyanamid Case – Delay – Applicability of Human Rights law Western Cement Co. Ltd. v National Investment Bank of Jamaica and Clarendon Lime Company Ltd. and Limestone Corporation of Jamaica Ltd. and Dr. Vincent Lawrence and Kirby Clarke (Representative of the Estate of Horace Clarke dec’d) JMCA 31.07.2017 Williams-Phillips, Dr. Sandra v South East Regional Health Authority and The Attorney General JMSC 18.09.2017 Employment law – Wrongful dismissal – Claimant’s employment terminated without notice – Salary in lieu of notice tendered – Whether contract of employment terminated in breach of its terms

LEGISLATION

Island of Nevis Acts 2/2017 Nevis Limited Liability Company Ordinance 3/2017 Nevis Supplementary Appropriation Ordinance Jamaica Acts 31/2017 Agricultural Loan Societies and Approved Organizations Act 32/2017 Bank of Jamaica (Amendment) Act

23/2017 Constitution (Amendment) (Established Fund) (Payment of Pensions) Act 36/2017 General Consumption Tax (Removal of Exemptions) (Miscellaneous Provisions)

Act 26/2017 Integrity Commission Act 35/2017 National Identification and Registration Act 24/2017 Pensions (Public Service) Act 30/2017 Processed Food (Amendment) Act 25/2017 Public Debt Management (Amendment) Act 34/2017 Road Maintenance Fund (Repeal) Act 33/2017 Road Traffic (Temporary Ticket Amnesty) (No. 2) Act 37/2017 Special Economic Zones (Amendment) Act 27/2017 Stamp Duty (Amendment) Act 29/2017 Transfer Tax (Amendment) Act

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St. Christopher and Nevis Acts 17/2017 Appropriation (2018) Act 2/2018 Development Control and Planning (Amendment) Act 15/2017 Legal Profession (Amendment) Act

14/2017 National Assembly Elections (Amendment) Act 13/2017 Public Accounts Committee Act 16/2017 Saint Christopher and Nevis Citizenship (CBI Escrow Accounts) Act 1/2018 Vehicles and Road Traffic (Amendment) Act

LAW REPORTS <The> Cayman Island Law Reports 2017 Vol. 1 Law Reports of the Commonwealth 2017 Vols. 4 & 5 New Zealand Law Reports 2017 Vol. 1 & 3

TREATISES, DIGESTS ETC. Atkin’s Court Forms. 2nd ed. 2017 Issue Vol. 9(1, 2 & 3) Companies - Insolvency Vol. 36(1) Social security and tax credits, Summary judgment KN351.A88 Bankruptcy and insolvency law of Canada. 5th ed./ L.W. Houlden et.al. Canada: Thomson Reuters, 2016 KN312.S27 Digest, The 4th reissue 2017 Vol. 31(1, 2, & 3) Landlord and tenant KF85.E6 <The> Encyclopaedia of Forms and Precedents. 5th ed. 2017 Reissue Vol. 3(2) Bankruptcy and Insolvency (Individual Insolvency) Vol. 11 Companies – Acquisitions, Mergers and Demergers Vol. 12(1) A Consumer Credit Vol. 12(3) Confidentiality, Deeds, Agreements and Declarations Vol. 17(2) Gifts Vol. 31(2) Powers of Attorney Vol. 40(2) Trusts and Settlements, Administration and Trusts of land KN74.1.E51 Kemp & Kemp the quantum of damages/ David A.M. Kemp London: Sweet & Maxwell, 2017 KN37.1.K44 <The> law and practice of admiralty matters/ Sarah C. Derrington and James M. Turner. – 2nd ed. Oxford: Oxford University, 2016 KN330.D47 <The> law of dangerous drugs in the Commonwealth Caribbean: Cases and materials/ Desiree C. Alleyne Kingston, Jamaica, 2015 KN185.8.A44

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SERIALS

ABA Journal Vol. 103 No. 11 November 2017 President’s message The ABA will study recommended steps to examine the issues around why women are leaving the profession Hilarie Bass Opening statement Hamilton online: The Library of Congress uploads the popular Founding Father’s papers for public view Ed Finkel A Georgetown study finds “adultification” has black girls facing harsher punishment in the justice system Cristin Wilson The Sargent Shiver National Center on Poverty Law celebrates 50 years – and looks toward the future Kate Rockwood Ten questions for Farhana Khera, a civil rights lawyer fighting for religious freedom for all Americans Jenny B. Davis

MAKING IT WORK: A Troutman Sanders partner achieves balance through a network of family and friends Jennifer Trusso Salinas

Docket NATIONAL PULSE: To Colorado, marijuana is a business.

To the federal government, it’s a criminal conspiracy Lorelei Laird NATIONAL PULSE: Student interest in immigration law has

spiked after this year’s political developments Mark F. Walsh SUPREME COURT REPORT: The justices will consider

“the law of cake” and anti-discrimination law Mark Walsh Practice ADVOCACY: Posting interrogatories before giving notice of

depositions brings valuable information to light Edna Selan Epstein ETHICS: The New York City bar guides legal services lawyers

on how to advise nonlawyer professionals Bruce Green WORDS: Aprimer for transforming transactional drafts into

material that makes sense Bryan A. Garner Business of Law: Special Edition Building the 21st – Century Law Firm Make sure to protect your practice financially even before

you open it Jessica Youngblood TECHNOLOGY: Voltaire offers lawyers real-time predictions on

how potential jurors might vote Scott Carlson

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E-Discovery: As the e-discovery market appears to be shrinking, some see an opportunity Jason Krause

Your ABA In the wake of the closure of the Charlotte School of Law, how

can the ABS improve law school compliance? Stephanie Francis Ward The Rule of Law Index helps compare the strengths and

weaknesses of countries’ legal systems James Podgers The ABA urges Congress to limit use of cash bail Rhonda McMillion Precedents A federal judge rules on whether James Joyce’s widely censored

masterpiece, Ulysses, may enter the United States Allen Pusey ABA Journal Vol. 103 No. 12 December 2017 President’s Message The ABA is working to address substance use and mental health disorders among lawyers Hilarie Bass Opening Statements A Nixon Peabody partner spearheads a tech incubator to offer more opportunities to LGBTQ entrepreneurs Annalies Winny The Global Wildlife Whistleblower Program offers rewards for prompt reporting of poaching Darlene Ricker Ten questions for Don Bush, a onetime Texas judge who became an EMT at age 70 Jenny B. Davis MAKING IT WORK: Kirkland & Ellis’ Ashley Gregory shares lessons from the past that can propel your future Ashley Gregory Docket NATIONAL PULSE: Legislators take aim at zero tolerance school policies David L. Hudson Jr. NATIONAL PULSE: Defense lawyers want to peek behind the curtain of probabilistic genotyping Jason Tashea SUPREME COURT REPORT: The justices consider limits on government surveillance powers over personal technology Mark Walsh Practice STORY TELLING: How serendipity, Star Wars, Harvard prof Cass Sunstein and constitutional law interest Philip N. Meyer ETHICS: Can lawyers text potential clients? When it comes to advertising, some states are saying yes David L. Hudson Jr. WORDS: Consider all your alternatives for how to best start a sentence Bryan A. Garner

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Business of Law: Special Edition BUILDING THE 21ST – CENTURY LAW FIRM Ethics opinions should reflect the present and future – not the past Carolyn Elefant Your ABA MEMBERS WHO INSPIRE: Thomson Reuters’ Chang Wang walks the line to teach constitutional law to students in Beijing Lee Rawles A new law championed by the ABA fights elder abuse and exploitation Rhonda McMillion Precedents Gen. Hideki Tojo is among 28 Japanese officials to stand trial for their involvement in war crimes Allen Pusey ABA Journal Vol. 104 No. 1 January 2018 President’s Message ABA Legal Fact Check sorts facts from fiction Hilarie Bass Opening Statements Judges push for diverse voices in court to help women and young attorneys take the lead Rebecca Beyer

A Chicago attorney’s bullfighting dreams become reality during his golden years James Podgers

Ten questions for Marcia Lynn Sells, Harvard Law School’s dean students and a former ballerina Jenny B. Davis MAKING IT WORK: A deaf Boies Schiller Flexner partner and working mom shares four keys to defying expectations Melissa Felder Zappala HEARSAY: Short takes and fast facts on the law Docket NATIONAL PULSE: Advocates fight to outlaw adult marriages to minors Jonathan Black NATIONAL PULSE: A legal quirk allows struggling greyhound tracks to boost income with other types of gambling Arin Greenwood SUPREME COURT REORT: The court considers whether Ohio’s method of cleaning up voter registration rolls goes too far Mark Walsh Practice ADVOCACY: Lawyering can be scary, but don’t let that stop you from being a powerful advocate Heidi K. Brown ETHICS: The key to effectively employing paralegals is good supervision David L. Hudson, Jr. WORDS: Bryan Garner reveals the key to making the languorous

doldrums of reading disappear Bryan A. Garner

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ON WELL-BEING: It’s time to make an achievable lawyer well-being resolution Jeena Cho

Business of Law: Special Edition PREPARE, PRACTICE, PROTECT:

CYBERSECURITY AND THE LAW Our yearlong series features experts who advise on how to

safeguard clients’ confidential information Jason Tashea

Your ABA MEMBERS WHO INSPIRE: Richard Hooks Wayman lives out

his commitment to advocating for at-risk youths professionally and personally Jill Werner

Attorneys with disabilities are breaking down barriers in the

legal profession Anna Marie Kukee Precedents The Yazoo Land Act becomes law, leading to years of controversy

over compensation and land repatriation John Randolph Columbia Journal of Law and Social Problems Vol. 51 No. 1 Fall 2017 Beyond categorical exclusions: Access to transgender healthcare in state Medicaid Programs Samuel Rosh Time of desperation: An examination of criminal defendants’ experiences of allocating at sentencing Joshua I. Burger-Caplan Access denied: Data breach litigation, Article lll standing, and a proposed statutory solution Patrick J. Lorio Dynamically interpretation property in international regulatory taking regimes Hoa Zhu Commonwealth Judicial Journal Vol. 23 No. 2 December 2017 Law Reports of the Commonwealth Foundation General Editors (1985-2016): James S. Reid & Peter E. Slinn Quality of justice – Myth or reality William Young Social media: A judicial survival guide Barry Clarke Judicial accountability as an evolving and fluid concept John Lownds A note on blogging Keith Hollis International Review of the Red Cross Vol. 98 No. 902 August 2016 War and security at sea: Warning shots Vincent Bernard The updated ICRC commentary on the second Geneva Convention: Demystifying the law of armed conflict at sea Bruno Demeyere et al.

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War at sea: nineteenth-century laws for twenty-first century wars? Steven Haines The difficulties of conflict classification at sea: Distinguishing incidents at sea from hostilities Wolff Heintschel von Heinegg Africa and international humanitarian law: The more things change the more they stay the same Gus Waschefort Inclusive gender: Why tackling gender hierarchies cannot be at the expense of human rights and the humanitarian imperative Chris Dolan <The> Law Teacher 2017 Vol. 51 No. 4 Complicating the “holy grail”, simplifying the search: a critique of the conventional problematisation of social immobility in elite legal education and profession Lucinda Ferguson Advocacy 20 years on from Hampel: Is it time we revisited the postgraduate teaching of advocacy? Gemma Louise Davis & James Welsh Delaney and the Motor Vehicle Insurance Directives: lessons for the teaching of EU law James Marson and Katy Ferris Enhancing student performance and employability through the use of authentic assessment techniques in extra and co-curricular activities (ECCAs) Dan Berger & Charles Wild Rethinking Property Law modules: putting theory into practice Nicolette Butler Emotions and the frontiers of legal education Sira Abenoza & Cesar Arjona Law clinics in England and Wales: a regulatory black hole Linden Thomas Authentic assessment in contract law: legal drafting Noeleen McNamara Bringing the battlefield into the classroom: using video games to teach and assess international humanitarian law Luke Moffett et al. New Law Journal Vol. 167 No. 7761 September 15, 2017 Comment The second machine age is gaining momentum as Roger Smith reports

Gambling: Philip Evans QC & Tom Orpin-Massey cast an eye over the Gambling Commission’s new enforcement suite Clinical negligence: Lawyers tell woeful tales about insurers prolonging litigation but experts can delay proceedings too, says David Locke Commercial: Peter Vaines discusses principles, stale discoveries & the downside of holiday property lets

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New Law Journal Vol. 167 No. 7762 September 22, 2017 Comment Legal aid needs to be restored & expanded, says Geoffrey Bindman

Data protection: Rollits LLP provides an essential overview of the General Data Protection Regulation Charity law The charitable legacy – how far should a charity go to protect it, asks Alison Regan Giselle Davis & Ellis Pugh report on the Fundraising Preference Service – the new weapon against junk?

Charities Appeals Supplement Probate: Jonathan McDonagh provides an expert view on the what should change in the world of wills Insurance: Roger Franklin explains why the Third Parties (Right Against insurers) Act 2010 is under judicial scrutiny

New Law Journal Vol. 167 No. 7766 October 20, 2017 Comment The balance sheet is important but humans & justice come first, says Geoffrey Bindman

Family/Brexit: Eleanor Moody reflects on the status & standing of international families post-Brexit Money laundering: Jonathan Fisher QC & Anita Clifford put the new arrangements for money laundering under the spotlight Public/Local government: Evicting anti-social tenants: hope in Dante’s inferno? Nicholas Dobson Mental health: Keith Wilding discusses the benefits of tribunal hearing in the mental health context Crime/Privacy: Michael Zander reflects on public concern about the use & governance of facial images

New Law Journal Vol. 167 No. 7767 October 27, 2017 Comment Lord Bach may deserve plaudits, but David Burrows urges caution Property/Covenants: Covenants: conduct, consent & costs Andrew Bruce Insurance/Personal injury: Nicholas Bevan explains Farrell 2is a game changer Professional negligence: David O’Brien discusses S 14A & the parameters of limitation

Wills & probate: As the dust settles on Ilott, Steve Evans reflects on what has & what hasn’t changed

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New Law Journal Vol. 167 No. 7768 November 3, 2017 Comment

The principle of digitalization has been left without Parliamentary backing in the wake of Brexit, says Roger Smith Employment: Ian Smith shuns immunity & considers three recent judgments which make important contributions to the development of the law Insurance/Personal injury: Nicholas Bevan explains why the liable for gaps in the Road Traffic Act Public: The trend of expansion within the law of vicarious liability is likely to continue, says Ceri-Sian Williams

New Law Journal Vol. 167 No. 7769 November 10, 2017 Comment Post-Unison, access to justice is taking centre stage, says David Greene

Corporate crime/Bribery: Corporate facilitation of tax evasion: the new frontier. A special two-part analysis by QEB Hollis Whiteman Chambers Commercial/Consumer: Nathan Webb discusses cancellation periods & enforceability Criminal/Suicide: Post-Conway, David Lawson considers the future of challenges to the law on assisted suicide

New Law Journal Vol. 167 No. 7770 November 17, 2017 Comment

The Government should heed calls to make legal aid available for bereaved families at inquests, says Jon Robins Corporate crime: Corporate facilitation of tax evasion: the new frontier. An analysis by QEB Hollis Whiteman Chambers

Personal injury: Julian Chamberlayne returns to question evidential lacunas & Partisan conclusions Family: David Burrows explores the complex law which confronts cohabiting couples who separate Public: Nicholas Dobson discusses the doctrine of vicarious liability & lessons from Armes Wills & probate: Paola Fudakowska & Henrietta Mason report on family rifts, mistakes & undue influence

New Law Journal Vo. 167 No. 7771 November 24, 2017 Comment Andrew Langdon QC reflects on the adverse effect of judicial case management on advocacy Energy: Could a cap on utility costs harm consumers? Christopher Bisping & Timothy Dodsworth

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Data protection: Miranda Mourby, Stergios Aidinlis & Hannah Smith review the progress of the Data Protection Bill

New Law Journal Vol. 167 No. 7772 December 1, 2017 Comment Peter Vaines finds little of substance in the Chancellor’s recent announcements

Family: Laura Naser provides an update on the fall-out from the international cohabite jurisdiction race Media: The Lachaux ruling has brought some much-needed clarity to the definition of serious harm in defamation cases, says Athelstane Aamodt Employment: Gig economy cases are changing the way courts consider employment status, as Tim Welch reports Property/landlord & tenant: Enforcing possession orders in the High Court: Brooke Lyne reviews the meaning of sufficient notice

New Law Journal Vol. 167 No. 7773 December 8, 2017 Comment Has the forward march of technology been halted? Roger Smith reports Employment: Ian Smith takes two steps forward, one back & niftily tidies up some loose ends

Charity law: Charities have a challenge ahead of them in making their voices heard, says Giselle Davies & Ellis Pugh Family: David Burrows presents a master class in child understanding & capacity

New Law Journal Vol. 167 No. 7774 December 15, 2017 Comment Amanda Stevens hopes clarity on recovery will reduce wasted costs Family/Mediation: Solicitors & mediators should work in tandem, says Caroline Bowden Vicarious liability: Carol Dalton reviews the state of vicarious liability 2017 Data protection: Mind the GDPR: Rollits LLP consider the role of data protection officers

Personal injury: Julian Chamberlayne reviews the Justice Committee’s report on the discount rate

New Law Journal Vol. 168 7775 January 5, 2018

Comment Media/Ethics: Should pregnant mothers owe a duty to their unborn children? Charles Foster & Julian Savulescu review the legal & ethical issues Discrimination: Charles Pigott talks gender segregation & discrimination Limitation: Simon Anderson discusses the elastic limitation period post-Carroll

Page 16: JANUARY MARCH 2018 JUDGMENTSnmls.edu.jm/wp-content/uploads/2018/07/CABulletin-74.pdfFacey, Floyd Sheldon v The Director of Correctional Services and The Attorney General and The Director

Constitution: Michael Nash explores Ireland’s departure from, & possible return to, the Commonwealth Family: Geraldine Morris questions whether the constant reforms are addressing the underlying issues of the family justice system

New Law Journal Vol. 168 No. 7776 January 12, 2018 Comment David Burrows reviews Sir James Munby’s tenure as president of the Family Division Employment: Ian Smith’s law brief: inducements, whistleblowing & confidentiality Tort: Kathryn Garbett & Mehmet Karagoz discuss malicious prosecution & civil claims

Mental health: Keith Wilding discusses the need for a broad approach in the review of the 1983 Act

New Law Journal Vol. 168 No. 7777 January 19, 2018 Comment David Greene hopes David Gauke is allowed to make a difference

Data protection: Will proposed offences in the Data Protection Bill make criminals of us all? Stewart Duffy investigates Public/Local authority: Nicholas Dobson explores the reasons why Wireless Festival 2016 was a lawfully held event Wills & probate: Constance McDonnell presents a review of key contentious probate cases

New Law Journal Vol. 7778 January 26, 2018 Comment Dominic Regan’s predictions for the year ahead in litigation

Brexit/Education: Hilary Aldred asks if there is a silver lining for higher education post-Brexit Family: Where does law shade into discretion? David Burrows investigates Personal injury: Paul McClorry discusses jurisdiction in claims outside the EU Litigation: Richard Harrison considers the practicalities of ‘ coming off the record’

University of Pittsburgh Law Review Vol. 78 Summer Issue 4 Summer 2017 Ensuring effective tools for a challenging task: amending the Animal Welfare Act’s animal fighting venture civil asset forfeiture provision Rebecca J. Huss The concept of property Meredith M. Render