Property Law - Contract for Sale of land – Unless order for delivery of title – Whether title with a three metre road reservation complied with order – Counter claim for trespass and breach of contract – Whether damages pleaded or proved – Judgment unenforceable until agreement stamped.
Costs - CPR Rules 64 and 65 – Interlocutory injunction refused – Whether costs should be reserved – Whether there is a general or “normal” rule – Whether decision of English Court of Appeal binding – Whether taxation should be immediate.
Injunction - Application for interim injunctive relief – Application to strike out or stay claim and for disclosure – Whether consent judgment entered in St. Lucia dispositive of claim – Whether Defendants to be restrained from treating with company assets - Whether valuation done in St Lucia fair - Whether misrepresentation or fraud - Whether failure to answer valuer’s requisitions ground for complaint - Whether issues more appropriately litigated in St Lucia.
Interlocutory injunction - Estate Gordon 'Butch' Stewart - Testator devised company shares and assets giving detailed instructions to executors - Directors meeting called - Whether a director and beneficiary has locus standi to prevent the directors meeting - Section 213A Companies Act - Whether anticipated oppressive act can be restrained.
Civil Procedure - Application to strike out claim - Application to stay proceedings - CPR 26.1(2) - CPR 26.3(1) - Fair Competition Act - Whether facts that 1st. Defendant is unlicensed is fatal to the claim - Whether Defendants interrelated parties within the meaning of the Act - Appeal in other proceedings challenging report - Whether report integral to claim - Whether claim should be stayed pending appeal.
Application for Interlocutory Injunction – Sporting organization – Punishment imposed - Whether Rules of Natural Justice apply – Right to protection of law – Right to approach the courts – Whether result of interlocutory application a final remedy.
Judgment Summons – Summons to Examine – Enforcement of Money Judgment – Burden of Proof – Whether judgment debtors had means or ability to pay - Observations on the Debtors Act, Part 52 of the Civil Procedure Rules 2002 and, the jurisdiction to commit persons for non-payment of judgment debts.
Construction contract – Disputes adjudicated - Contract terminated prior to completion – Adjudicator’s rulings determined by court to be binding – Project manager failed to issue payment certificate - Whether death of project manager barred claim – Whether interest on overdue amounts to be compounded – Whether late submission of final account barred claim - Whether amounts already paid settled claim – Meaning of “prevailing commercial interest rate”.
Contract – Whether oral or in writing - Whether agreement to share profits as franchisee- Whether agreement to sell stock and fixtures - Documentary evidence - Whether signed document a sham – Whether Defendant in business on her own account - Burden of proof – Factual findings.