The Hon. Miss Justice Anne-Marie A. Nembhard

Civil procedure – Striking out – Application to strike out claimants’ statement of case – Whether the claimants’ statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the 1st claimant has the requisite standing to bring the claim – Whether the claimants have sufficiently particularized the claim – Whether the claimants’ statement of case as framed constitutes an abuse of the process of the court – Whether the claimants’ statement of case is prolix, frivolous and vexatious and without merit – Whether the claimants

Civil Procedure – Application to appoint expert witness – Application made after case management conference – Application made in the context of a claim for judicial review – The role of the court in a claim for judicial review – Whether the proposed expert evidence is relevant to the issues to be determined in the claim for judicial review – Whether the proposed expert evidence is reasonably required to resolve the proceedings justly – Civil Procedure Rules, 2002, rules 32.2, 32.3, 32.6(1), 32.6(2), 32.6(3) and 32.6(4)

Civil procedure – Application to set aside court order – Order made at a first hearing in the absence of a party – Alternative method of service – Unperfected formal order served via electronic mail – Whether the service via electronic mail constitutes proper service – Whether the service via electronic mail constitutes proper service in the absence of a rule or practice direction to that effect – Whether the application to set aside is made within fourteen days of the date of service of the order – Whether there is a good reason for the failure to attend the first hearing – Whether it is l

Judicial review – Claim for judicial review – Availability of remedy – Certiorari – Wrongful dismissal of dean of discipline – Natural justice – Rules of natural justice not observed in dismissal procedure – Claimant not allowed to call witnesses at the hearing in the dismissal procedure – Whether an order of certiorari should be granted – The Education Regulations, 1980, regulations 55, 56, 57, 59, 61, 62 and 89

Negligence – Medical negligence – The duty of care owed by a medical practitioner to a patient – Breach of the duty of care – Causation – Foreseeability of damage – Remoteness of damage – Whether the defendants are liable for psychiatric injury
Damages – Psychiatric injury – Post Traumatic Stress Disorder – Mild to moderate difficulty functioning physically and emotionally – Quantum of damages

Judicial review – Decision of inferior tribunal that the applicant is guilty of professional misconduct – Whether decision is susceptible to judicial review – Whether the inferior tribunal acted ultra vires its statutory authority
Judicial review – Prerogative order – Leave to apply for – Application for leave – Need for applicant to establish arguable case with a reasonable prospect of success – Evidence – Need for judge to review evidence
Judicial review – When proceedings appropriate – Availability of suitable alternative means of raising issue

Costs – Application for leave to apply for judicial review discontinued – Application for the costs of the discontinued application for leave to apply for judicial review made by statutory body – Whether the making of the application for leave to apply for judicial review was unreasonable – Whether the conduct on the part of the applicant for leave to apply for judicial review was unreasonable – Whether an alternative remedy was available to the applicant for leave to apply for judicial review at the time of the making of the application – Whether a review board was in existence at the time

Division of property – The proper procedure for the commencement of proceedings under the Property (Rights of Spouses) Act – Whether the purported claim is an irregularity or a nullity – Whether the irregularity is a defect that can be cured – Limitation period – Whether the purported claim is statute barred – Effect of failure to file an application to extend time to apply for the division of property – The division of property under the Partition Act – The Property (Rights of Spouses) Act, sections 2(1) and 13, The Partition Act, sections 2(2), 4 and 5, The Civil Procedure Rules, 2002, ru

Disclosure – Specific disclosure – Application for specific disclosure of audited financial statements – Application made within the hearing of the assessment of damages – Whether the documents to be disclosed are or have been in the defendant’s possession or under its control – Whether the documents to be disclosed are directly relevant to one or more matters in issue – Whether an order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Whether an order for specific disclosure should be made at this late stage – Civil Procedure Rules, 2002, rule

Negligence – Motor vehicle collision – Vehicle stopped in the vicinity of the entrance to a school some distance from a corner – Vehicle colliding with the rear of that which had stopped – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory negligence – Credibility of witnesses