Family law- Section 2 of the Intestates’ Estates and Property Charges Act – Whether a Common Law relationship existed between the Applicant and the Deceased – Whether the Applicant is a spouse within the meaning of the Act.
Civil Procedure- Application to strike out Claimant's statement of case - Rule 26.3 (1) - Whether there are reasonable grounds for bringing the claim - Abuse of the process of the court - Whether there are reasonable grounds for bringing or defending the claim - Res judicata - Non-compliance with court order
Real property - Application for beneficial interest in property - Equitable remedy - Constructive trust - Whether the claimant is entitled to a beneficial interest in the property in question.
Application to strike out Claim – Failure to serve Claim Form within the six-month period – whether the Claimant had the authority to accept service on behalf of the Defendant – whether the Claim Form was effectively served on the Defendant giving rise to entry of Default Judgment – whether Default Judgment can properly be entered against the Defendant – whether the claim ought to be struck out for failure of service. Rules 5.7, 7.5, 8.14(b), 8.14(1): 8.15(1), (2), 8.15(3); 10.3(1), 12.4; 12.5, 12.7; 26.3(1)(a) and 26.3(1)(b) of the CPR as amended.
Civil Procedure Rules – Application for summary judgment pursuant to Rule 15.2(a) – Application to strike out statement of case pursuant to Rule 26.3(1)(c) – Whether the Claimants have a real prospect of succeeding in the claim – Whether the Claimants’ statement of case discloses any reasonable grounds for bringing claim – Whether CPR r. 15.3(c) and r. 8.1(4) apply.
Restrictive Covenants - Restrictive Covenants (Modification and Discharge) Act - Application to modify Restrictive Covenants - Whether modification changes the character of the neighbourhood - Whether modification injures the persons entitled to the benefit of the restriction - Whether the covenants should be deemed obsolete - Whether the existence of the covenant impedes reasonable use of the land.
The Property Rights of Spouses Act - Division of Family Home- What constitute the Family Home - Variation of the Equal Share Rule - Property acquired before Marriage.
Division of Matrimonial Property - Property Rights of Spouses Act - Section 2 (1), 6 (1) and a, 7 (1) of PROSA - Application for a declaration of entitlement to property - Claim for 50% share - Exceptions to the equal share rule - Considerations of the court when determining whether the equal share rule should be varied - Joint tenancy.
