2013

Assault - Battery - False imprisonment - Malicious prosecution - Failure of defence to lead any evidence - Application during trial to strike out defence - Effect of failure of defence to leand any evidence during trial - What constitutes assault - Need to prove loss and/or damage in claim for damages for malicious prosecution - Claim for exemplary damages - Consideration of hearsay evidence during trial - Summary judgment - Prima facie case not be be equated with proven case.

Company law - Section 212 of the Companies Act - Application for leave to bring derivatice action in the name and on behalf of the company - Company and not the proposed defendants the propert party to the application for leave - Required to receive notice of applicaion for leave - Whetehr applicants are 'complainants' - 3 conditions precedent - Notice to directors, good faith, appears to be int he interests of the company that action be brought - Whether fulfilled.

Civil Practice and Procedure - Summary judgment

Negligence - Motor behicle accident - Child attempting to cross road at night - Whether driver travelling at excessive speed.

An application to set aside decision to grant leave to enter default judgment - An applicationto set aside decision refusing extension of time in which to file defence - Reasonable prospect of success - As soon as reasonable practicable - Overriding objective in the exercise of discretion.

 Application under property rights of spouses act - Partition act application – Applications for division of matrimonial property – Failure to deny allegation in claimant’s statement of case – Failure to provide reasons for putting claimant to proof of allegation – How to make application in relation to section 7 of prosa – Effect of failure to make application in relation to section 7 of PROSA - Applicability of presumption of equal division – Section 6 of PROSA – Division of personal property items – Section 14 of PROSA.

Injunction - Interlocutory application - Restraining defendant from making any nomination for appointment of a new member of the Senate.

 Negligence - Vicarious liability - Need to allege personal liability - Res ipsa loquitur -Vehicle accident between car and parked truck - Impact from behind parked truck – Speeding vehicle – Failure of vehicle driver to exercise due care and attention – Need to prove negligence in a context – Causation

Assessment of Damages – Claimant’s son unlawfully shot and killed by police – Claim for Damages under the Law Reform (Miscellaneous Provisions) Act, the Fatal Accidents Act, for General Damages, Exemplary Damages and for Constitutional redress.

 Contract law - Mental capacity of elderly father, suffering from cognitive deficiency - Undue influence – Presumption - Unconscionability of transactions - Company law - Validity of alterations of share capital, shareholders and officers.