Negligence - Liability and balance of probability - Ancillary claim by defendant - Whether damages have been proven by claimant - No case submission by defendant - Need to elect in making no case sudmission - Costs - Reasonable cost order in the circumstances of particular case.
Application for stay of execution of order pending appeal - Principles applicable - What amounts to special circumstances - Whether if consequences of refusal of stay are less than ruinous to applicant - Court can exercise discretion to stay - Whether discretion unfettered.
Defamation - Application to strike out claim of libel - Whether striking out available in libel actions - Whether striking out provisions in CPR 26 exhaustive - Considerations in determining whether court should strike - Court's power to impose conditions on parties in making orders - Court's duty to manage cases and to apply over-riding objective.
Inter partes hearing of application for freezing order - Need for evidence of a 'real risk of dissipation' - What amounts to such evidence - Whether refraining from doing something which the defendant is not obliged to do can amount to provision of such evidence.
Application for declaration of interest under Property (Rights of Spouses) Act, 2004 - Whether property is 'family home' for the purposes of the Act - Principles of resulting and/or constructive trusts applicable in claims for beneficial interest in property - Effect of Stack v Dowden - Burdern of proof on person advancing interests other than that shown on title - Application of Property (Rights of Spouses) Act to property other than the family home - Extent of courts descretion in making 'division of property under section 14 - Circumstances informing a just and reasonable division of pro