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Branch Development Limited (T/A Iberostar Rose Hall Beach and Spa Resort) v Kieron Thomas

Court: 
Court of Appeal
Subject: 
Civil Procedure
Catchwords: 

Civil Procedure-Witness statement filed day before trial commenced-Witness's application for relief from sanction and permission to rely on witness statement heard and refused on morning of trail-Preliminary point taken in appeal-Whether trial judge's order of refusal interlocutory in nature-Whether leave required to appeal from judge's order of refusal-Whether trial judge failed to consider relevant factors in refusing application for relief from sanction

Civil Procedure-Personal injury-Occupier's liability-Whether trial judge erred in finding that the appellant owed a statutory duty of care to the respondent-Whether respondent failed to satisfy the evidentiary burden of proof-Whether trial judge failed to assess evidence adduced on behalf of the appellant-Occupier's Liability Act, s 3

Civil Procedure-Assessment of damages-Special Damages agreed-Whether proof of Special Damages necessary-Loss of future earning capacity and handicap on the labour market-Whether award unreasonable and against weight of evidence-General Damages-Whether excessive

Document Type:

Year: 
2020
Suit/Claim number: 
COA2022CV00023
Neutral Citation: 
[2025] JMCA Civ 33
Judge(s): 
Edwards and Dunbar Green