2013

Employment Law - Whether claimant introduced pirated software into defendant’s environment - Whether the claimant was wrongfully dismissed - Whether Addis v Gramophone precludes award for breach of trust and confidence - Loss of advantage on labour market-stigmatization - Claim for anxiety and depression - Whether failure to mitigate reasonable - What constitutes reasonable notice to terminate - Entitlement under pension scheme - Whether employee entitled to employer’s contribution upon termination of contract - Defamation

Custody – Child in need of academic reinforcement – whether mother should be given custody - Variation of Order.

Claim for actual and/or reasonably expected pecuniary loss - Loss of expectation of life - Loss of years and funeral expenses under the Fatal Accident Act. 

Judicial Review- Application for Leave – Public Sector procurement regulations 2008- whether procurement contract - whether alternate remedies available – whether legitimate expectation.

Fixed Date Claim –Declaratory Relief –Default Order –Whether entitlement to relief automatic -Whether cause of action proved.

Costs granted on Indemnity Basis - Taxation of Bill of Costs by Registrar - Review or appeal of registrar’s decision - Section 27 Legal Profession Act and Civil Procedure Rules 65.26 considered - Registrar’s discretion - Retainer agreement - Must contain language advising the client of certain options – Onus on paying party to show costs are unreasonable – Right of paying party to cross-examine..

Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'Ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by Court in deciding whether to grant an extension of time for filing of defence - Length of delay - Reasons for delay - Prejudice of claimant - Whether proposed defence has

Motor vehicle accident – Determination of liability – Contributory Negligence – Quantum of Damages

Application to set aside default judgment - Whether particulars of claim should have been filed - Whether the propert party was sued - The overriding objective - Civil Procedure Rules 8, 12, 13 - The Overriding objective Rule 1.1.

Division of matrimonial property - Family Property (Rights of Spouses) Act - Brown v Brown retroactivity of the PROSA - Application for extension of time within which to apply - Requirement of leave for provision of time to apply for extension of the meaning of spouse pursuant to section 2.