2012

CIVIL PROCEDURE AND PROCEDURE-MEDIATION-RULE 74.12(1) OF THE CPR-MEANING OF ORDER IN TERMS OF MEDIATION REPORT-RULE 42.7 OF THE CPR-APPROPRIATE FORM OF CONSENT ORDER-WHETHER AFTER ENTRY INTO CONFIDENTIAL AGREEMENT IN FORM PROVIDED BY RULES TOMLIN ORDER TO BE ENTERED OR WHETHER PARTY SEEKING TO ENFORCE TO FILE NEW ACTION-OVERRIDING OBJECTIVE OF DEALING WITH CASE EXPEDITIOUSLY AND SAVING TIME AND EXPENSE.

Application to strike out Claimants’ statement of case – property

dispute – whether Claimant had reasonable grounds for instituting the

Claim as against the First Defendant.

Jurisdiction  – Whether parties should return to arbitration –

Whether issue connected to matters settled at arbitration or

whether independent banker– Customer contract exists

Family Property - Husband and wife - Family Home - Family Law Reform -

Mischief for Correction - Equal Share Rule - Whether Application Unreasonable

and Unjust - Relevance of Contributions - Property (Rights of Spouses) Act 2004,

SS 6,7 and 14

Interlocutory Injunction – Main Road Act – Abandoned Roadway – Statutory Requirement for Ownership – Arguable Case – Balance of Convenience

Civil Practice and Procedure – Application to set aside default Judgment – Whether court personally served – Whether defence shows real prospect of successfully defending claim

Contract – bank guarantee – guarantee given pursuant to Telecommunications Agreement – characteristics, meaning and effect of guarantee – construction of guarantee – whether guarantor contravenes terms of guarantee by refusing to pay on demand

Civil Procedure - summary judgment – judgment after determination of a preliminary issue of law – considerations to be applied in granting judgment – whether claimant entitled to judgment on a proper construction of the guarantee-CPR, rules 26.1 (2)(j); 15.2.

Company Law - Security for costs application under Section 388 Companies Act- What constitutes credible testimony of reason to believe company will be unable to pay costs - Sub-sections 221(a) and 221(c) Companies Act - Different requirements - When company deemed to be unable to pay debts - Inability/failure to pay debts more crucial test of insolvency than whether liabilites exceed assets

ADVERSE POSSESSION – TENANCY AT WILL – BARE LICENSEE – REVOCATION OF

LICENCE – BENEFICIARY GIVING PERMISSION TO OCCUPY LAND – ACCRUAL OF

RIGHT TO BRING ACTION FOR RECOVERY OF POSSESSION – FAILURE TO

DEMONSTRATE LIMITATION PERIOD – LIMITATION OF ACTIONS ACT SS. 3, 4, 9, 30