2017

Application for leave to apply for judicial review - Res judicata - Extradition Act – Section 13(1) (b)

Registered property - Joint tenants - Extinction of title - Limitation of Actions Act

Probate – Will – Validity – Whether testator possessed testamentary capacity at the time of execution of will – Whether signature on will was that of the testator – Whether testator was acting under duress when he executed last will and testament – Whether grant of probate to be revoked.

Arbitration- Margin agreements – Arbitration clause – Application to appoint arbitrator - Whether claim statute barred – Whether issue for court and not arbitrator to determine – Whether jurisdictional issue – Arbitration Act.

Negligence – Motor vehicle collision – Light controlled intersection – Defendant making right turn across highway – Amber light – Meaning – Road Traffic Regulations – Evidence – Admissibility of result of a criminal trial – Contributory negligence – Damages – Fractured legs – Re-fracture – Whether second injury remote – Domestic help paid for by another – Whether recoverable by Claimant – Mitigation – Whether defendant to plead – Ancillary Claim – Whether injuries to be particularised.

Negligence - Motor vehicular accident – Disabled vehicle – Collision with the back of a stationary truck – Claimant injured while being a passenger in the bus– Whether the driver of the bus or the owner of the truck breached their duty of care owed to the claimant – The Road Traffic Act – Island Traffic Authority Road Code 1987 – Assessment of damages

Property law – Contract - Breach of contract - Contract for the sale of undeveloped land - Purchaser put in possession - Land improved - Specific performance - Whether claim statute-barred - Limitation of Actions Act ss. 3,25, 27, 28 & 30 - Local Improvements Act ss. 5 & 13.

Applications to set aside Default Judgments and Judgments on Admission - Defendant unrepresented when admission filed - Guarantee – Whether set off possible of a pending claim - Whether notice to guarantor served-Whether interest clause a penalty - Whether defence has real prospect of success.

Civil Procedure – Application to set aside default judgment - Civil Procedure Rules - Rules 13.3 and 13.4 - Sufficiency of evidence

Civil procedure – Rule 20.1 of the Civil Procedure Rules - Originating statement of case not served before amendment – Whether amended statement of case served after contractual limitation period – Whether Consumer Protection Act, 2005 applicable.