2016

Judicial Review – Application for Re-enlistment denied – Applicant granted hearing – Short notice – Whether Applicant waived right to legal representation – Order for re-hearing – Whether court has jurisdiction to order remuneration

Insurance Contract  Non-disclosure in proposal form - whether declaration constitutes a warranty - liability of insurers.

Assessment of Damages – Personal Injury – Proof of special damages – Self-employed, part-time worker -Whiplash – Mid and lower back – 2% permanent partial disability – Loss of earnings – Loss of earning capacity - or handicap on labour market – Method of quantification of damages – Lump sum multiplier/multiplicand.

Employer’s Liability – Claimant injured by grinder’s blade –Defendant’s duty to provide a reasonably safe grinder – Whether res ipsa loquitur applied–Contributory negligence considered – Assessment of damages.

Maintenance - Application to vary consent order for maintenance of child by mother - Mother and child migrated since the consent order - Maintenance Act sections 8, 9 and 14 - Application by father to vary visitation and access - Children (Guardianship and Custody) Act.

Default Judgment - Application to set aside Default Judgment - 2nd Application - R. 13 (1) (2) (3) of CPR 2002, as amended - Definition - Promissory Note - Sec. 83 Bill of Exchange Act - Sec. 35-36, 50 Stamp Duty Act- Enforceability of Instrument - Creation of Hire Purchase Agreement.

Administrative Law – Judicial Review – Application for leave to apply for Judicial Review – Order of Certiorari to remove to Supreme Court and to quash the Formal Order of the Learned Magistrate – Order of Possession – Eviction from premises – Warrant of Possession - Order of Mandamus to restore Possession – Declaration that Formal Order was obtained by frauds and/ or illegally – Injunction – Damages.

Judicial review - Whether conditions of permission have been adhered to – jurisdiction - whether failure to adhere to conditions fatal - CPR Rules 2.2, 3.2 (3), 9.6, 26.3(1)(a), 56.4(12),56.9(2),(4)&(5).

Construction Agreement - Dwelling House - Breach- Employer or Contractor - Time of the essence - Delay- Variation of work - Escalation costs - Method of valuation - Illegality - Duress - Misrepresentation - Defect liability clause - Damages - Interest.

Application for leave for Judicial Review − Amenability of Contractor General Report to judicial review - Reputational damage