Civil Practice and Procedure – Application to amend defence – Late stage amendment – Whether Amendment to defence permissible – Principles applicable to late stage amendment.
Civil Practice and Procedure – Commencement of action – Filing of claim form – Rule 8.1 – When is a claim commenced – Whether date for commencement of action can be extended under rule 3.2(5).
Civil Practice and Procedure – Commencement of Action – Filing of Claim Form – Rule 8.1 – When is a Claim Commenced – Whether Date for Commencement of Action can be extended under rule 3.2(5) Where the Period for Doing an Act Requiring the Court’s Action Ends on a Day When the Court’s Office is Closed.
Statutory Interpretation - Limitations of Actions Act – When Limitation Period Ends in a Case Involving a “Fraction of a Day”.
Civil Practice and Procedure – Application to Set Aside Default Judgment – CPR Rule 13.3 – Whether or not the Defendants have a Defence with a Real Prospect of Success
Civil Practice and Procedure – Application for Summary Judgment – Whether the
Defendant has a Defence With a Real Prospect of Success in Whole or in Part
Concerning Whether or not the Claimant was Involved in the collision or injured
in the Collision
Civil Practice and Procedure – Application for Injunction – Whether there is a Serious Issue to be Tried – Whether or Not the Claimant Has Established a Case with a Real Prospect of Success in Nuisance Against the 1st and 4th Defendants.
Civil Practice and Procedure – Application for Injunction – Whether Damages is an Adequate Remedy for the Claimant – Whether the Balance of Convenience Lies with the 1st and 4th Defendants or the Claimants in their Competing Interests to Enjoy the User of their Respective Properties.
Civil Practice and Procedure – Application to Set Aside Default Judgment Entered on a Counterclaim – CPR Rule 13.3 – Whether or not the Claimant has a good explanation for failure to comply with the CPR to File a Defence to the Counterclaim – Whether or not the Claimant has made the appropriate application – Should they have applied for relief from sanction or whether it should have been an application to set aside default judgment – Whether or not the Claimant has a Defence with a Real Prospect of Success.
Civil Practice and Procedure – Application for Costs – Whether the Claimant Lexine Richards Should Receive Costs in circumstances where the Claim is Being Settled – Quantum of Costs to be Awarded
Civil Practice and Procedure – Application for Specific Disclosure – Whether or not
document requested is necessary to fairly dispose of the claim – Whether specific
disclosure can be ordered to assist a party prove damages.
Intellectual Property Law – Copyright Law – Copyright Act – Whether or not a
licence fee is part of the terms of a licencing scheme under section 87 of the Act –
Whether or not a licencing body needs to have establish the licencing fees for the
classes of cases covered by the scheme before the scheme can be implemented.
Civil Practice and Procedure – Inter-Partes Hearing on Application for Extension of
Interim Injunction – Whether or not the Claimants have a case with a real prospect
of success – Whether Claimants have put sufficient evidence before the Court that
they have a real prospect of success in establishing a beneficial interest in the
property.
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.