2012

Index communication Network Limited v Capital Solutions Limited et al

Practice and Procedure - Application to strike out claim as disclosing no reasonable cause of action - Application to amend Particulars of Claim in the face of striking out application - Application before Case Management -Whether amendment can take place without permission of court - Rules 20.1, 20.2 , 20.4 of the CPR - Whether Rule 20.1 allows more than one amendment of Statement of Case without Court’s permission - Principles guiding court -Whether Claimant has a real prospect of succeeding on the amendments at trial - Need for evidence upon which to find real prospect of success

Freight Managment Limited v Caribbean Cement Company Limited

WHETHER TENDER WAS ACCEPTED-WHETHER THERE IS A CONCLUDED

CONTRACT – WHETHER DEFENDANT IS ESTOPPED BY ITS CONDUCT FROM

RELYING ON CERTAIN CLAUSES – WHETHER CLAIMANT ENTITLED TO DAMAGES –

WHETHER THE FACT THAT VESSEL IS NOT OWNED BY CLAIMANT PRECLUDES A

CLAIM FOR DAMAGES – WHETHER CLAIM FOR INTEREST PURSUANT TO THE LAW

REFORM (MISCELLANEOUS PROVISIONS) ACT MUST BE PLEADED – WHETHER

Fletcher & Company Limited v Billy Craig Investments Limited et al

Civil Procedure - Application for summary judgment - Whether claim res judicata - Application of res judicata to default judgments - Cause of action estoppel - Issue estoppel - Henderson v Henderson estoppel - Abuse of process – The Civil Procedure Rules (CPR) r. 15.2 (a).

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