2017

Application for Relief from Sanctions - Effect of unless order where non-compliance - Sufficiency of explanation

Security for Costs – Whether claimant ordinarily resident outside of the jurisdiction – Whether address stated in claim form is incorrect – Rule 24 of the Civil Procedure Rules 2002.

Assessment of Damages - Malicious Prosecution – False Imprisonment – Aggravated and Exemplary Damages – Considerations when deciding whether liability to attach.

Interlocutory Application – Specific disclosure – Request for Information – Unless Order – Whether there has been compliance – Whether claimants’ statement of case is struck out – Rules 28 & 34 of the Civil Procedure Rules 2002.

Assessment of Damages - Malicious Prosecution - False Imprisonment - Principles guiding award - Aggravated Damages - Exemplary Damages - Loss of earnings - Whether psychological/psychiatric condition due to criminal proceedings - What awards are applicable.

Injunction - Whether an equitable mortgage is created where a legal mortgage is registered subject to a caveat Registration of Titles Act – Foreclosure – Effect on proprietary rights.

Negligence – Claimant stabbed in eye with pencil – Loss of vision in left eye – Cause of action pleaded in Negligence – Whether statement of case discloses negligence or assault against one Defendant – Section 48 of the Judicature (Supreme Court Act) – Rule 8 of the Civil Procedure Rules
Damages – Post Traumatic Stress Disorder – Quantum of damages

Application for relief from sanctions  - Distinction between application to set aside default judgment and application for relief from sanctions – Whether judge of concurrent jurisdiction can set aside judgment of another – Whether slip rule applies to error made by judge. 

Arbitration - Construction of arbitration clause - Effect of failure to file application to stay proceedings - Effect of party seeking to invoke arbitration clause filing defence.

Criminal Law- Constabulary force Act - Assault - Resisting arrest- Whether arrest lawful - Whether duty to give name - Noise Abatement Act -Whether reasonable cause to suspect.