2017

Application for extension of time to file defence - Whether delay inordinate - Whether there is a good reason for delay - Whether there is an agruable case - Rule 10.2, 10.3, 26 (1) 2 and 68.62.

Application to be heard by affected third party on an application for leave to commence judicial review proceedings - Whether overriding objective applies to part 56 of the Civil Procedure Rules - Whether judge has discretion to allow affected third party to be heard at the leave stage - Whether judge has power to invite submissions from a third party to assist in the just disposal of the application – Part 56 Civil procedure rules

Negligence – Driver of car – Duty to passenger in car – Common law and statutory duty of care - Res ipsa loquitur - Contributory negligence –Apportionment of liability between defendants – Quantum of damages.

Negligence - Personal injury – Duty of employer - Occupier’s Liability Act.

Wrongful death and Injury – Multiplier/multiplicand – Loss of expectation of life – Pain and suffering - Funeral and testamentary expenses – The Fatal Accidents Act - The Law Reform (Miscellaneous Provisions) Act - Driver acting as servant or agent - Onus of rebutting presumption of agency.

Mortgages - Duty of care of Mortgagee in exercising power of sale - Whether reliance can be placed on price achieved at auction - Whether price obtained at auction was due to fault of Mortgagee.

Interim Payment – Claim based on estoppel – Defendant expressed preparedness to pay part of claim – Defendant has counterclaim exceeding that amount – No Defence to counterclaim filed – Whether interim payment to be ordered.

Substituted service - Application to set aside substituted service - Default judgment - Insurer saying they are unable to contact insured - Tests to be applied.

Family Law - Division of property – Equal share rule- Family home acquired before marriage - Other matrimonial property - Division of properties registered post separation - Entitlement to company shares. Property (Rights of Spouses) Act S. 6 (1) (a), 7 (1), 10, 14 (4) & 15.