2016

Nuisance – Mining operations – Dust and Noise – Whether substantial or trifling Negligence – Duty of care - Whether Statutory Duty breached Damages - Quantum

Application to strike out defendant’s statement of case - Defence allegedly disclosing no reasonable grounds for defending the claim  - Non-compliance with court order- Failure to attend mediation - Rules 74.9(1) and 74.14(6) of Civil Procedure Rules (C.P.R.) –

Negligence - Motor vehicle collision - Claimant switching lanes when unsafe to do so - Defendant failing to brake - Contributory negligence - Assessment of damages - General damages for whiplash injury

Personal injuries and treatment - Infant - One of Twins - Head injury- Concussion - Bleeding from mouth and nose – Unconsciousness - Local seizures - Hospitalized after urgent air evacuation - Outpatient treatment - Psychological impairment - Marked personality and educational difference from twin.

Contract - Partnership - Company formed - Claim by one partner for work done and money owed- Breach of fiduciary duty and/ good faith - Claim for return of sums wrongly requested- Misrepresentation - Fraud - Conversion

Judicial Review – Dismissal of Applicant – Breach of Natural Justice – Whether Decision Disproportionate – The Police Service Regulations, 1961 – Order of Certiorari Sought

Oral application for extension of time - Failure to lead affidavit evidence when making application to extend time – Opposition to application to extend time – Relevant factors to be considered when extending time to file defence – Overriding objective – What is just in the circumstances.

Application for declaration of entire interest in family home - Section 6 and 7 of PROSA - Statutoryequal share rule -  Variation of statutory equal share rule - Section 7 factors - Monetary contribution not a section 7 factor - Whether maintenance of children can be a section 7 factor - duration of marriage - Undefended claim - Burden of proof regarding displacement of presumption that parties are entitled to equal share of the family home -  Post - Separation financial contributions.

Application to Set Aside Default Judgment

Administrative Law - Application to be heard – Factors to be considered - Whether applicants having sufficient interest – Effect of possible prejudice to Claimant - Extent of participation to be permitted - Whether intervention of Public Defender’s supported by statutory remit.