The Hon. Miss Justice Stephany C. Orr (Ag.)

Application for security for costs - Claimant resident out of the jurisdiction - No evidence of any assets within this jurisdiction - Evidential burden of each party - Claimant failing to provide evidence of her financial circumstances.

Application to strike out a claim - Whether summary judgment is applicable to a claim for Defamation - The Defamation Act, 2013 and the limitation period created by the Act, the court’s power to extend the limitation period under the Defamation Act ,2013 - Whether the court has authority to extend the time for an applicant to challenge the court’s jurisdiction to hear a claim, breach of the implied term of trust and confidence in a contract of employment and the jurisdiction of the court to determine claims for breach of trust and confidence and wrongful dismissal

Summary judgment - Rear end collision - Admission of negligence - No admission of causation - Denial that the claimant was involved in the collision - Denial that the minor collision caused any injury or loss - Whether court should enter summary judgment.

Application challenging the jurisdiction of the court to hear the claim - Whether the failure of the Claimant to serve the prescribed notes to the Defendant and form of defence with the claim form during the life of the claim is a nullity - Whether amendments made after the expiration of the limitation period should be permitted to stand - The duty of a litigant to pursue his claim and to take all reasonable steps to secure a date for the hearing of the application - The requirement to file an application and a supporting affidavit simultaneously.

Liberty to apply - Inherent in every order of the court whether or not it is included
in the order - Limits of the rule.

Interim payment – Part 17 of the Civil Procedure Rules – The principles to be
considered by the court – Requirement of a higher burden of proof – Claimant to
show that he would succeed at trial

Application to file defence out of time - Competing application to enter judgment in
default of defence - Power of a Transport Authority Inspector/Constable to seize a
public passenger vehicle alleged to be in breach of the Transport Authority Act.

What is the effect of a mediation agreement; can a mediation agreement be
enforced by way of notice of application; imposition of court sanction for failure to
perform mediation settlement agreement – application to set aside mediation
agreement

SUMMARY JUDGMENT - Canon V (p) of The Legal Profession (Cannons of
Professional Ethics) Rules - Whether an Attorney can rely on his own affidavit - The defendant’s duty to comply with CPR 10.5 - Whether the provisions are mandatory - CPR 26.2 and the requirement to be heard