2016

Intestates Estates & Property Charges Act - Application to be declared a Spouse - Deceased lived with Applicant during the week but stayed elsewhere on weekends - Whether fact of another intimate relationship prevents Applicant being declared spouse - Whether Applicant a housekeeper.

Application to strike out – Applicable legal principles – Several claims – Whether some of the claims being pursued are unknown in law – How court should approach question as to whether there exists reasonable grounds for bringing claim – Whether the 2nd and 3rd defendants are immune from liability – Allegation that defamation claim is statute-barred – Procedural defence – Need to assert procedural defence in filed defence – Failure to provide sufficient pertinent particulars in statement of case – Application for constitutional redress – Adequate alternative means of redress available – Ne

Application by 1st defendant to strike out claim - Legal principles to be applied - Abuse of process - Claim seeks reliefs for alleged negligence pertaining to administration of deceased's estate - Whether remedy for breach of trust can properly be pursued as a ngeligence claim - Section 39 and 40  of the Administrator General's Act - Failure to comply with duties of trustee - Need to set out cause of action in claim form.

Civil procedure − Application for leave to file defence out of time – Defendant failing to file defence with time set by rules – Defendant failing to file defence in time set by court order – Defendant in breach of court order.

Jurisdiction - Forum Non Conveniens - Whether arbitration clause survives the expiration of a written agreement

Assessment of Damages − Damages under Law Reform (Miscellaneous Provisions) Act - Damages under Fatal Accidents Act.

Limitation of actions - Application to amend ancillary defence-whether proposed ancillary claim statute barred - Law Reform (Tort-Feasors) Act - Civil Procedure Rules Parts 18 and 20