2015

Judicial review – Application for certiorari and mandamus – Issue of bias – Actual bias – Real likelihood of bias – Presumptive bias – Waiver of bias – Whether magistrate obliged to preside over case in circumstance where bias waived by disputing litigants – Basis upon which exercise of judicial discretion can be successfully challenged in judicial review proceedings

Negligence – Professional Negligence – Claimant undergoing surgery after injury to left side of eye – Subsequent illness of claimant - Whether any nexus between surgery and subsequent illness – Whether surgery negligently performed.

Claim for breach of lease agreement for failure to refund security deposit – Counter claim for entitlement to deduct costs of repairs – Whether claimant in breach of covenants to repair - Whether security deposit should be refunded.

Civil procedure - Injunction - Granted without notice - Whether there was material non-disclosure - Whether injunction shuld be discharged and not re-granted.

Pretrial Review – Interlocutory Applications – Whether witness statements are evidence - Whether Issue of admissibility of evidence is to be dealt with at Pretrial Stage – Appointment of Expert by the Court - Directions.

Division of property-Property acquired while man married to one party and in relationship with other-Husband and wife had separated – Whether wife entitled to interest and share – The Property (Rights of Spouses) Act Sections. 11 and 13 – Whether other woman entitled to interest and share – Constructive trust

Application for Interim Payment - Rule 17.6 (1) & (2) of the Civil Procedure Rules – Principles Governing Such a Grant – Defence of “Agony of the Moment” or “Inevitable Accident” - Affidavit of Information and Belief - Whether  Requirements for Such an Affidavit Met- Rule 30.3 (1) & (2), CPR.

Civil procedure - Freezing order - Contested hearing - Whether freezing order should be discharged - Summary judgment application

Application for injunctive relief order to be extended in time – Application for injunctive relief order granted ex parte, to be discharged – No power to extend injunctive relief which has been discharged due to lapse of time – Basis for seeking injunctive relief, ex parte.

Claimant’s application for sale of land – Defendants application for judgment to be set aside – Whether judgment irregularly entered – Service of documents – Civil Procedure Rules – Rules 5.11(2), 8.16(1), 12.4, 13.3, 39.6 – Whether different order would have been made had Defendant attended assessment hearing