2013

Negligence – Duty of care owed by legal custodian of prisoner – Special relationship between custodian and person in his custody.

Statutory interpretation - Section 21 Indecom Act - Section 47 Telecoms Act - Section 16 Interception of Communications Act - Whether ejusdem generis rule applicable – Generalia specialabus non derogant.

Breach of By-Laws - Injunction restraining church from operating in Commercial centre

Negligence – motor vehicle collision – Claimant a passenger unable to say what caused collision – whether burden of proof satisfied.

Negligence – Motor vehicle collision – Liability of parties – Contributory negligence – Assessment of damages.

 Judicial review - application for leave to apply for judicial review - Mandamus- Commission of enquiry - Commissioners failing to submit report on completion of enquiry - Legitimate expectation - Delay - Test to be applied for leave - Whether applicant satisfies the test for leave to be granted - The Civil Procedure Rules 2002 (the CPR), 56.2 (1); 56.2 (2); 56.3 (3); 56.6 (1); - The Commissions of Enquiry Act, ss. 2 ,5, 7, 10 & 13.

Civil procedure - Abuse of process – Striking out claim on grounds of abuse of process – Discharging restraint order on the ground of abuse of process

 Contract law - Restraint of trade covenant - Whether express

Agreement/covenant by former managing director and

Shareholder not to solicit clients - Whether term to be implied -

Constituents of soliciting - Need to prove direct and targeted

Behaviour on part of covenantor - Encashing cheque whether

proof of acceptance of terms of letter.

Tomlin Order - Variation of schedule to Tomlin Order - Whether variations fundamentally alter schedule.

Whether claimant bound by representaton made by attorney - Whether defendant is entitled to withold claimant's certificate of title.