2010

Civil practice - Application for summary judgment - Defendant countermanding cheque drawn in favour of claimant - Subsequently paying the sum due - Claim for fraud - Whether cause of action still subsisting - Whether loss resulting from the defendant's conduct - CPR rule 15.2.

Banker - Customer relationship - Negligence - CPR R. 29 visa a viz evidence on behalf of a bank - Evidence Act part II,- Banking Act fourth schedule.

First hearing of fixed dte claim form - Considered summarily - Revocation of certificate of title.

Claim for medical negligence - Ruptured extopic pregnancy - Test in Bolam v Friern Hospital Management  - Defendants' expert supporting claimants allegation of a defendant's negligence

Application to commit for comtempt in relation to alleged breach of search order - Order directed to body corporate, its directors, servants and/or agents - Application to commit instituted against defendants in cliam as well as against body corporate and its legal advisors, attorneys-at-law - Preliminary objection that proceedings by way of notice of application for court orders in in beach of CPR 53 - That there is no claim and that existence of a claim is condition precedent to issue of search order and so search order is a nullity - That penal notice is fatally flawed as not being direc

Whether claimant may mount successful challenge to validity of registered title in name of defendands - Conduct which may amount to fraud in relation to grant of registered title - Whether claimant can establish title to the said land by reason of adverse possession - Turn of the evidence necessary for the claimant to establish adverse possession and the appropriate time.

Alteration of document by mortgagee execution - Whether alteration material - Test for materiality - Whether borrower discharged from liability - Consequence of alteration.

APPLICATION FOR INTERLOCUTORY MANDATORY INJUNCTION -

DISTINCTION BETWEEN PRINCIPLES AND GUIDELINES - FAIR

COMPETITION ACT 1993 - THE TELECOMMUNICATIONS ACT 2000 -

RELEVANT MARKET-ABUSE OF DOMINANT POSITION IN A

MARI<ET-DISCRIMINATORY PRICING - EXPERT EVIDENCE -STAGE

AT WHICH TO BE APPLIED FOR-PART 32 OF C.P.R., PART 17 -

INTERIM REMEDIES, PART 30- AFFIDAVITS