2019

Claimant diagnosed as HIV positive - Claimant re-diagnosed as HIV negative –
medical negligence – Claimant suffering from Post-Traumatic Stress Disorder –
Expert Evidence - Damage

Mortgage - Power of Sale – Whether the striking out of a claim is a bar to the enforcement of a mortgagee’s power of sale.

Civil procedure - Appeal against decision of the Registrar to issue an Order for seizure and sale – Civil Procedure Rules, 2002, part 62.
Civil procedure - Order for seizure and sale – whether a Default Costs Certificate may be enforced by that method, Civil Procedure Rules, 2002, rules 45.2, 64.2 (3).
Civil procedure - Order for seizure and sale - Time for issue - Civil Procedure Rules 65.12 (b).
Civil procedure - Whether an order for seizure and sale can be set aside after its execution

Judicial review – Impact of Ministerial directives – Natural justice – Estoppel by
conduct – Factors regarding compensation.

Application to set aside - Substituted service - Enlargement of time - Overriding objective - Importance of time limits - Application to set aside without notice order - Whether insurance company has done enough to bring documents to insured's attention.

Application to strike out Claim - Whether the claim discloses any reasonable grounds for bringing the Action - Whether the Particulars of Claim is Prolix (Rule 26.3.)
Application for Summary Judgment by the Claimant - Statement of case - struck out - Whether there is any basis to grant Summary Judgment.

Application for Leave for Judicial Review – Application to strike out – Application by way of fixed date claim form – Whether fatal – Civil Procedure Rule, rules 26.3(1)(a), 56.3(1), 26.9(1), 26.9(3)

Motor vehicle Accident - Personal Injury - Negligence - Breach of Duty of Care.

Breach of Management Contract between Artiste/Dub Poet and Recording Company - Interpretation of contractual terms - Whether time was of the essence - Option to renew - Whether the option was exercised - Repudiation of contract - Whether the Claimant waived his right to terminate - Anticipatory Breach - Whether intention to breach established - Damages - Damage to reputation or loss of opportunity - Whether damages proven - Whether the award should be substantial or nominal - Whether the Defendant is entitled to a set off.