2017

Leave for Judicial Review − the Telecommunications Act – Error on the face of
the record – Is a preliminary decision reviewable? – Alternative remedy to
Judicial Review – Section 14 of the Telecommunications Act – Section 23 of the
Telecommunications Act

REAL PROPERTY – APPLICATION FOR DECLARATION OF BENEFICIAL INTEREST IN UNREGISTERED LAND – VALIDITY OF INDENTURE INSTRUMENT - PROPRIETARY ESTOPPEL

Injunction - Interim Injunction - The Proceeds of Crime Act - Restraint Order - Application to Discharge Restraint Order - Application for Extension of Restraint Order - Civil Recovery Order - Standard of Proof - Balance of Probabilities - Good
Arguable Case - Criminal Trial - Not Guilty Verdict - Dismissed for Want of Prosecution.

ADMIRALTY CLAIM - CLAIM IN REM AGAINST A SHIP - DEFENDANT ENTERING APPEARANCE AND DEFENDING CLAIM - SHIP UNDER JUDICIAL ARREST BUT NOT BAILED BY OWNER - RENEWED APPLICATION FOR SALE OF SHIP PENDENTE LITE - VALUE OF SHIP FAR EXCEEDS THE CLAIMS AGAINST THE OWNER - WHETHER APPROPRIATE FOR SHIP SHOULD BE SOLD PENDENTE LITE - FACTORS COURT MUST TAKE INTO ACCOUNT - WHETHER COURT BOUND BY PREVIOUS DECISIONS REFUSING APPLICATION FOR SALE PENDENTE LITE - CPR PART 70

ADMIRALTY CLAIM-CLAIM IN REM AGAINST A SHIP-SHIP OWNERS ENTERING APPEARANCE-JUDGMENT ENTERED AGAINST SHIP OWNERS IN PERSONAM IN A FOREIGN JURISDICTION-SHIP OWNERS APPLYING TO SET ASIDE JUDGMENT ON GROUNDS OF RES JUDICATA AND ABUSE OF PROCESS OF THE COURT-WHETHER CLAIM SHOULD BE SET ASIDE
ADMIRALTY CLAIM-APPLICATION TO AMEND CLAIM-WHETHER AMENDMENT SHOULD BE REFUSED ON THE BASIS THAT CLAIM IS RES JUDICATA

Whether claim limited to causes of action specifically pleaded– breach of contract–
elements of contract– informal family arrangements– intention to create legal relations–
presumption of fact– mutual love and affection–assurance by word or conduct–
reliance– detriment– whether defendants’ action unconscionable– unjust enrichment–
restitution– receipt of benefit at claimant’s expense– whether unjust to retain benefit–
principles of equity– no agreement or promise made in writing– to what extent equity
mitigates the rigours of the law

Joint Tenancy - Divison of property - ConstructiveTrust

MAREVA INJUNCTION - APPLICATION FOR FREEZING ORDER OVER MONIES HELD BY FINANCIAL INSTITUTION ON BEHALF OF CLIENTS - CLIENT ENTERED INTO AGREEMENT TO ASSIGN BENEFICIAL INTEREST IN SUMS HELD BY FINANCIAL INSTITUTION TO SECOND FINANCIAL INSTITUTION TO WHICH CLIENT IS INDEBTED - SECOND FINANCIAL INSTITUTION CLAIMING TO BE BENEFICIALLY ENTITLED TO SUCH SUMS ASSIGNED - FINANCIAL INSTITUTION REFUSING TO PAY - WHETHER SECOND FINANCIAL INSTITUTION HAS AN ARGUABLE CASE IN TRUSTS - PAYMENTS BEING MADE OUT TO OTHER CLIENTS FROM THE FUND - WHETHER SUCH PAYMENTS QUALIFY AS DISSIPATION OF ASSETS FOR THE P

Application to strike out claim - Abuse of process - Whether reasonable grounds for bringing claim - Rule 26.3(1) (C) of the Civil Procedure Rules (CPR) - Application for order to file defence out of time - Rule 10.3(9) of the CPR.

Damages - Personal Injury - Motor Vehicle Collision - Soft-tissue injury