Contract for fee sharing between Attorneys - Whether mere referral - Breach of Canon IV (g) of the Legal Profession (Canons of Professional Ethics) Rules - Whether contract is unenforceable by reason of public policy – Attorneys’ fees in the administration of estate
Property (Rights of Spouses) Act - Division of Matrimonial Property - Family Home - Whether property owned by one spouse and other persons can be the family home or is other property under PROSA - Claim to interest in Company
Civil Procedure application to set aside default Cost Certificate - Rule 65.22 of the
Civil Procedure Rules - Whether good reason exists for application to be set aside
Statutory Duty – Extent of duty to maintain – Whether limited to repairs of existing system – Whether includes replacement of obsolete system – Breach of Statutory Duty – Defence of necessity
Constitutional Relief- Heads of Agreement – Whether binding contract – Whether legitimate expectation – Whether jurisdiction to grant declaratory relief if claim not contested – Whether breach waived – Whether mandatory order possible – Whether award of damages appropriate- Observations on the nature of declaratory relief
Judicial Review - Labour Relations and Industrial Disputes Act (LRIDA)- Sections 2, 11 A (1), 12 (5) (c) - Employment terminated by reason of redundancy - Intervention of Minister of Labour and Social Security under the LRIDA sought after acceptance of redundancy package and filling of post the subject of the dispute - Whether the Minister acted ultra vires the Act in deciding not to refer the dispute to the Industrial Disputes Tribunal - Whether a Minister may properly consider the issue of waiver of the rights at sections 12 (5) (c) of the LRIDA in determining whether or not to exercise t