Applicability of Account Agreements – Generally, later contracts rescind or vary previous contracts in relation to the same subject matter – Most recent Agreement applicable – No basis to have recourse to the common law – Implied Plea of non est factum – No duty to explain effect of Agreements – Fraudulent cheques containing forged signatures – Account debited based on the payments on fraudulent cheques – Alleged breach of contract – Express provisions covering customer’s duties – Effect of forgery clause – Forgery clause neither unreasonable nor ambiguous – Scope of verification/conclusive

Negligence - Motor vehicle collision - Liability - Burdon of proof - Conflict between pleadings and witness statement. 

Civil Procedure – Application for extension of time to file Application for Leave to Appeal - Application for Leave to Appeal – Whether Court had jurisdiction to grant summary judgment to party without application – Whether Court improperly exercised jurisdiction to award costs against unsuccessful litigant in matter having a public interest – Application for stay of proceedings – Court of Appeal Rules [2002] (the CAR) – The Court of Appeal Amendment Rules [2025] Rule 1.8 (2) – The Court of Appeal Rules [2002], Rule 1.8(1), Rule 1.8 (7) – Bills of Exchange Act (BEA), S.

Prescription - Sections 4, 14, 35, 36, 37 and 40 of the Parochial Roads Act – Section 3 of the Main Roads Act – Whether the reserved road that runs through property owned by Tropicrop Mushrooms Limited is a public or private road - Sections 2 and 5 of the Prescription Act – Whether the Claimants have acquired a right of way over the reserved road - Section 68 of the Registration of Titles Act – Sections 3 and 30 of the Limitation of Actions Act – Whether the Claimants have a right to farm on land registered in the name of Tropicrop Mushrooms Limited and Mossmans Peak Farms Limited by virtue

Civil Procedure Rules Part 26.8 – Relief from Sanction – Whether application prompt – Whether Defence has real prospect of success – Relevance.

Damages - Motor vehicle accident - Entering a major road from a minor road - Whether the defendant liable in negligence for injuries suffered by the claimant - Muscle spasm, pains to neck and wrists - Assessment of damages - Whether award should be made for diminution of earning capacity - Whether claimant failed to mitigate his losses.