2017

Application under rule 19.2(5) of the Supreme Court Civil Procedure Rules to substitute claimant

Damages - Appropriate award for injuries sustained – Claimant sustained injuries to his cervical spine and lumbar spine resulting from a motor vehicular accident – Pre-existing injury to lumbar spine

Probate - Last will and testament – Whether signature of testator forged – burden of proof – Expert evidence - Handwriting expert - Revocation of probate

Maintenance - Spouse – Child – Division of matrimonial property - Beneficial Interest in company.

Damages – Assessment of damages based on undertaking given on obtaining an interlocutory injunction – Whether damages are to be awarded for post-injunction period

Interim Injunction - Factors to be considered in granting Interim Injunction – Guiding principles under American Cyanamid Case – Delay – Applicability of Human Rights Law

Civil procedure - Application for court orders - Application for extension of time pursuant to section 4, 5 and 6 of the Inheritance (Provision for Family and Dependents) Act.

Property (Rights of Spouses) Act -  Fixed Date Claim Form filed and served - Application for extension of time to file FDCF - Application for leave to make application out of time.

Notice of Application for Court Orders – Application for relief from sanctions – Civil Procedure Rule 26.8 – Whether the applicant has a good explanation for failure to comply – Civil Procedure Rule 26.5 – Request for entry of judgment after striking out.

Civil procedure – Application to strike out claim – No reasonable grounds for bringing claim – Claim essentially for breach of contract and fraud - Whether claim statute barred – Factual dispute as to date cause of action arose – Civil Procedure Rules 2002 rule 26.3 (1) (b) and (c).