UKPC 18
Privy Council Appeal No 0021 of 2013
Adele Shtern (Appellant) v Monica Cummings (Respondent)
From the Court of Appeal of Jamaica
JUDGMENT DELIVERED BY
10 June 2014
Heard on 10 March 2014
(Instructed by Blake Lapthorn)
James Guthrie QC
(Instructed by Davenport Lyons)
"The first and/or second and/or third named defendants were at all material times the owners and/or occupiers and/or operators of the said hotel."
"The second defendant admits paragraph 3 of the amended statement of claim."
The defence admitted that the appellant complained of receiving an electric shock on the date of her alleged accident, but denied that the complaint was true. It alleged that the refrigerator was inspected afterwards and found to be safe. The defence concluded:
"The defendants say the whole claim of the plaintiff is faked and staged so as to extort money from either the first defendant or the Jamaica Tourist Board."
"It may . . . often be that the extent of the particular control which is exercised within the sphere of joint occupation will become a pointer as to the nature and extent of the duty which reasonably devolves upon a particular occupier."