Kinghorn & Kinghorn Attorneys at Law

06/06/2021

JOB OPENING‼️

13/05/2021

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13/05/2021

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12/05/2021

Attention 🚨

22/04/2021

Looking for a new job?
Here's a chance to join the Kings Landing Family!

28/12/2020

Let's keep the cheers going!

30/03/2020

We remain committed to serving and helping you through this challenging time of Covid 19. Believe with us that God will come through for JA.This too shall pass.

18/01/2018

15/11/2016

Here you will find information about Personal Injury and how it can affect you.

Please read link below:

http://thenewscrunch.com/2016/11/kinghorn-kinghorn-on-personal-injury/

21/10/2016

MALICIOUS PROSECUTION

Malicious Prosecution is an action for damages brought by one against whom a civil suit or criminal proceedings has been unsuccessfully commenced without probable cause and for a purpose other than that of bringing the alleged offender to justice.

An action for malicious prosecution is the remedy for baseless and malicious litigation. Malicious prosecution it is not limited to criminal prosecutions but may be brought in response to any baseless and malicious litigation or prosecution , whether criminal or civil.

The criminal defendant or civil respondent in a baseless and malicious case may later file this claim in civil court against the parties who set the law in motion.

The defendant in the initial case becomes the Plaintiff/Claimant in the malicious prosecution suit, and the plaintiff or prosecutor in the original case becomes the Defendant.

To win a suit for Malicious Prosecution, the Plaintiff/Claimant must prove four elements:

(1) That the original case was terminated in favor of the plaintiff,
(2) That the defendant played an active role in the original case,

(3) That the defendant did not have probable cause or reasonable grounds to support the original case.

(4) That the defendant initiated or continued the initial case with an improper purpose.

On the 14 day of September 2016 in the case of Janece Greenwood v Zepheniah Aarons, Milton Gray & The Attorney General of Jamaica, The Hon. Miss Justice Christine McDonald held that 2nd Defendant was liable for Malicious Prosecution and Judgment was awarded in favour of the Claimant. The Claimant was represented by the Law Firm of Kinghorn & Kinghorn.

See case below;

http://supremecourt.gov.jm/content/greenwood-janece-v-aarons-zepheniah-grey-milton-and-attorney-general-jamaica

Greenwood, Janece v Aarons, Zepheniah; Grey, Milton and the Attorney General of Jamaica Case Number: 2010 HCV 01144Presiding Judge: The Hon. Miss Justice Christine McDonaldNeutral Citation: [2016] JMSC Civ 149Date of Delivery: 14.09.2016Greenwood, Janece v Aarons, Zepheniah; Grey, Milton and the Att...

10/07/2016

Interesting

According to the Council of Legal Education in order to be able to practice law in Jamaica all LLB students must obtain a Legal Education Certificate at the prestigious Norman Manley Law School

04/07/2016

Employer’s liability

An employee who suffers personal injury by accident during the course of his or her employment may recover compensation from his or her employer.

The liability of an employer for negligence in respect of injury suffered by his employee during the course of the employee’s work is two-fold: an employer owes a personal, non-delegable duty of care to each employee; and may be vicariously liable for breach of the duty of care which an employer owes his fellow employees.

On January 11, 2013 it was held by the Honourable Mr. Justice Bryan Sykes in the Supreme
Court of Jamaica that;

“Channus Block and Marl Quarry Limited is liable for the injuries inflicted to Mr. Lawrence. It is liable either on the basis of vicarious liability for the negligence of Mr. Owen Bailey for breach of its common law duty to provide a safe system of work”.

See case below

http://supremecourt.gov.jm/content/lawrence-curlon-orlando-v-channus-block-and-marl-quarry-limited-and-baileyowen

Lawrence, Curlon Orlando v Channus Block and Marl Quarry Limited and Bailey,Owen Case Number: 2006HCV03638Presiding Judge: The Hon. Mr. Justice Bryan SykesNeutral Citation: [2013] JMSC CIV. 6Date of Delivery: 11.01.2013Lawrence, Curlon Orlando v Channus Block and Marl Quarry Limited and Bailey,Owen....