Application for relief from sanctions – Need to make application promptly – Need to satisfy the court that there has been general compliance with court orders and rules of court – Deed to satisfy the court that the failure to comply was not intentional – Circumstances in which rule 26.8 (3) of the Civil Procedure Rules is to be considered by court.
Judicial review - Reviewing a decision of an inferior tribunal - Grounds of judicial review – Illegality - Wednesbury unreasonableness - Procedural impropriety - Duty to act fairly - What is fairness - Principles of natural justice - Whether attorney general is a proper party to this claim
Claim for declaration of title based on adverse possession – Ancillary claim filed by defendants against claimant and seeking recovery of possession of property and damages for trespass – Application for entry of summary judgment and for recovery of possession – Claimant in actual occupation of property – Defendants are registered title holders of said property – Defendants purchased said property without actual notice of claimant then having been in actual occupation of said property – Constructive notice of claimant’s occupation of said property – Whether defendants obtained registered ti
Lease agreement for fixed term – Expiry of fixed term – Defendants wishing to repossess leased premises for business purposes – Sections 25 and 26 of the Rent Restriction Act – Relationship between Sections 25 and 26 of Rent Re striction Act
Application to strike out claim – Failure of 2nd claimant to attend mediation – Importance of setting out grounds of application in written applications for court orders – Failure to set out any or any sufficient particulars of claim in statement of case – Striking out of a party’s statement of case only to be used by court as a means of last resort.
Application to strike out defendant’s statement of case - Defence allegedly disclosing no reasonable grounds for defending the claim - Non-compliance with court order- Failure to attend mediation - Rules 74.9(1) and 74.14(6) of Civil Procedure Rules (C.P.R.) –