2015

Breach of Contract – Oral Agreement for sale and purchase of Motorcar – Recovery of sum due and owing – Interest at Commercial Bank Rate - Beneficial and Legal owner - Counterclaim – Failure of Consideration – Rental Arrears – Insufficient evidence – No receipt of payment - No date of payment – Substantial deprivation of Benefits – Least difficulty or embarrassment caused by burden – Proof of positive proposition preferred than negative proposition – Judgment for the Claimant.

Division of Property – Whether subject property was family home whether subject property was a gift to the Defendant – whether Claimant made contributions to improvement of family home – whether Claimant entitled to beneficial interest therein – Proprietary Estoppel – whether Claimant entitled to interest in animals: Property (Rights of Spouses) Act 2004 Sections 6, 7, 2 and 13

Part 56 of the Civil Procedure Rules – Whether or not application for declaration against public body without application for judicial review an abuse of process – Circumstances in which Reg.

Injunction - Copyright – Sections 53 and 54 of Copyright Act – Whether Defendants use of copyrighted material is lawful – Whether Fair Dealing exception applies – Interlocutory Injunction – Test where Interim Injunction gives entire remedy.

Preliminary Ruling-Evidence - Whether computer generated evidence admissible - Whether business records admissible - Sections 31 DEFG&H of Evidence Act - Whether necessary to call person who input the data onto computer system – Meaning of “Subject To”.

Application to Set Aside or Vary Order Granting Permission for Filing Ancillary Claim – Whether Appropriate Application – Whether Applicants Should Have Filed Appeal against Order – Whether Ancillary Claim Appropriate Based on the Grounds Stated – Provision in Policy of Insurance for Arbitration – Whether Ancillary Claim Should Await Outcome of Arbitration of Issues – Subrogation – Alleged Negligence of Attorney-at-law.

Application for summary Judgment - Whether Defence and Counterclaim have real prospect of success- Agency agreement-Whether acknowledgment of a liability an unconditional admission.

Application to set aside default judgment - Pre-eminent consideration is whether affidavit evidence of applicant and disclosed a defence a defence which has a realistic prospect of success

Assignment of Debt – Whether there can be an assignment of the value of items to be sold pursuant to a consignment agreement where there is no sale - Whether acknowledgment and promise to pay on a Notice of Assignment constitutes an irrevocability liability.

Civil procedure - Striking out - Abuse of process - extinction of title