2017

Civil procedure - Application for relief from sanction - Civil Procedure Rules (CPR) Rule 26.8

Order for Specified Service – Whether Sufficient Basis for making Order – Whether Order should be set Aside

Negligence - Motor vehicle accident — Liability — Credibility of parties

Damages - Nuisance - Negligence - Trespass - Flood Water Act - Aggravated damages -  Commercial interest - Special costs certificate -Indemnity costs.

Injunction — Application to restrain mortgagee from exercising power of sale under mortgage

Interim Injunction - Essence of claim is to be declared spouse, evidence of being single not provided; factual dispute as to whether deceased and applicant were ‘living together’ up to his death as if in law they were man and wife; although not physically ‘living together’; whether serious issue to be tried; whether damages adequate remedy; preservation of status quo.

Contract -  Breach of Contract – Section 2 (1)(a) and (b) Employment (Termination and Redundancy Payments) Regulations 1974 – Calculation of Redundancy Payment – What is considered Normal Wages – Implied contractual terms

Estoppel - Elements of Proprietary Estoppel – Evaluation of Credibility – How to treat with issues of fact in estoppel – Family Dispute as to beneficial ownership of land – Claimant’s entitlement to property based on contribution.

Negligence – Motor vehicle collision - Liability of parties – Apportionment of Liability
Damages – Assessment

Breach of Contract - Application to strike out statement of claim – Whether the court has jurisdiction to hear matter – Insurance policy – Applicability of arbitration clause.