2024

Civil Procedure Rules - Rule 15.2 - Application for summary judgment - Whether the defendant has real prospect of defending the claim - Real property – Defences of frustration, surrender of lease, set off, misrepresentation - Whether there is a good prospect of succeeding in these defences.

Family Law – Maintenance – Application to vary Maintenance Order – Children
(Guardianship & Custody) Act s. 7(5) – Whether or not the Court can vary a
Consent Maintenance Order – Whether or not the court should vary a consent
Maintenance Order to remove a reference to updating existing sum for
maintenance by utilizing the consumer price index without the need for a hearing
for a variation of maintenance order.

Constitutional Law - Constitutional Amendment to increase retirement age of the Director of Public Prosecutions – Whether the impugned Act is inconsistent with the supremacy clause and void – Whether the impugned Act amended the Constitution – Whether section 2 of the impugned Act may be struck down on the grounds of improper purpose as unconstitutional– Whether the impugned Act may be struck down for contravening the principle of separation of powers – Whether section 2 of the impugned Act has the effect of circumventing the constitutionally mandated process for the extension of the term i

Judicial Review - Application to amend ground for judicial review after leave and first hearing stages - Considerations - Application to file additional evidence in support of judicial review application after the filing of fixed date claim form

Negligence - Occupiers’ liability - Ancillary claim - Indemnity - Failure to establish negligence or breach under Occupiers’ Liability Act

Application to set aside default judgment - Hearsay evidence - Rules 13(3), 13(4) and 30(3) of the Civil Procedure Rules 2002.

Company law – Allotment of shares – Removal of director – Oppressive and unfairly Prejudicial conduct – Rectification – Laches

Contempt of court - Whether order ambiguous – Whether order breached - Whether imprisonment appropriate sanction – Considerations for imposing Imprisonment

Rules 5.7, 5.19, 8.16, 12.4, 13.2, 26.9, 42.6, 45.2, 46.4 and 47.2 of the Civil Procedure Rules, 2002 – Section 387 of the Companies Act - Whether Default Judgment was irregularly obtained - Whether the Claimant’s Order for Seizure & Sale can be set aside after execution

Section 13 (3) (l) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 – Whether the right has been engaged – Breach of contract – Assessment of damages for breach of contract – Private nuisance – What is the remedy in damages for a claim in private nuisance.