Private Nuisance – Construction of roadway on common property – Roadway
constitutes a danger – Whether user unreasonable and alien. Easement of Necessity – Rule in Wheeldon and Burrows – Presumed intention of
parties – Alternate Access – Right of footpath or General right of way Injunctive Relief – Principles governing the exercise of the courts discretion –
Material infringement of Claimant’s right – Conduct of parties.
Judicial review - Public education institution - Board of management meeting - Applicant's waiver of opportunity to attend hearing - Ex parte application - Full and frank disclosure - Education Regulations 30.4 - Fair hearing requirements.
Negligence – Proximity or neighbourhood – Duty of care – General Duty on occupiers in relation to hazard on their land – Extent of duty – Expert evidence – Nuisance – Substantial or trifling