Judicial review – Military law – Jurisdiction of court – Discharge from military – Whether claim justiciable – Breach of natural justice – Defence Act - The Defence (Regular Force Enlistment and Service) Regulations, 1962 – Force Standing Orders
Disclosure - Application to strike out statement of case - Whether breach of order for specific disclosure – Whether legal professional privilege or relevance reasons to withhold
Constitutional law – COVID-19 vaccination policy – Breach of constitutional rights under Charter of Fundamental rights and Freedoms (Constitutional Amendment) Act, 2011 –– Whether court should exercise or decline jurisdiction under section 19 of the Charter of Fundamental Rights and Freedoms – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(1)(c), (3)(a), (b), (j)(ii), (p) and (s), sections 17 & 19.
Negligence - Whether res ipsa loquitur applies – Prima facie case – Defendants in rebuttal -- Fatal Accidents Act - Law Reform (Miscellaneous Provisions) Act
Tort – Whether unnamed defendant can be sued – Whether unnamed defendant can be served with claim – Whether alternative service established – Groyne constructed under licence – Whether land amassed by groyne belongs to claimant – Whether beneficial interest in groyne – Trespass - The Beach Control Act - The Main Roads Act – Civil Procedure Rules, Rules 5.13, 5.14
Detinue and Conversion - Vehicle destroyed while in lawful custody – Definition of demand – Definition of refusal – Definition of wilful interference – Neglecting to release vehicle same as refusal - Value of vehicle not released different than damages - Time runs from the date of the refusal of demand - Replacement value and damages allowable - Interest on replacement value – Interest on loss of use impermissible
Administrative law - Declaration - Re-enlistment in police force not automatic – Refusal to re-enlist before application is permissible – Hearing by way of review of decision to refuse to be granted –– Onus on applicant to show cause at hearing – Factors to be weighed - Legitimate expectation –– Conduct of claimant under review qualifies as public interest
