Civil Procedure-Substitution of parties - Rule 19.4 of the Civil Procedure Rules 2002- Significance of relevant limitation period in the context of Rule 19.4 and the Limitation Act - Service out of the jurisdiction – Rules 7.3 and 7.5 of the Civil Procedure Rules 2002 considered - Without prejudice communication – Legal principles governing without prejudice communication
Default judgment – Application to set aside default judgment – Criteria to be satisfied – Definition of ‘real’ in real prospect of successfully defending Claim – Whether Ancillary Claim filed is a nullity.
Addition and Substitution of Parties – Whether party by virtue of his registered interest in a property as a mortgagee has a right to be added as party to a Claim – Rules 19.3 and 19.4 of the Civil Procedure Rules considered – Significance of relevant Limitation period in the context of Rule 19.4 and the Limitation Act – Consolidation
Application for extension of time to file Defence – Summary Judgment – whether there is real Prospect of successfully defending claim – Rule 15.2 of the Civil Procedure Rules
Lease Agreement with arbitration clause – Application for stay of proceedings - Whether applicant ready and willing to do all things necessary to the proper conduct of arbitration – Proof required in readiness and willingness - Section 5 of the Arbitration Act
Interim Injunction - Factors to be considered in granting Interim Injunction – Guiding principles under American Cyanamid Case – Delay – Applicability of Human Rights Law
