2012

Property (rights odf spouses) act - Division of property - whether house was wholly owned by one or both spouses - meaning of wholly owned 

Division of matrimonial property damaged by fire - How value arrived at

Evidence - Admissibility of documents - Rule 28.19 of the CPR - Meaning

of authenticity - Whether documents admissible without more when

recipient of disclosed document does not serve notice to prove

document - Whether objection on grounds of hearsay can still be taken

Trade union – Whether trade union can sue in registered name when claiming beneficial interest in property or whether trustees must bring claim – Gift - Resulting trust

Breach of Contract – Food Storage and Prevention of Infestation Act – Breach of Statutory Duty – Incorporation of a Document into a Contract

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

Assessment of Damages – Dog Bite – Infant Claimant

DIVISION OF PROPERTY – BENEFICIAL INTEREST – CONSTRUCTIVE TRUST

– COMMON INTENTION – PROPRIETARY ESTOPPEL – UNCONSCIONABLE

CONDUCT

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

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).