The Hon. Mrs. Tricia Hutchinson Shelly

Application for Interim Injunction –– Factors considered by the Court in granting an Interim Injunction –– Whether there are serious issues to be tried –– Whether the Balance of Convenience lies in favour of the grant of injunctive relief –– Whether damages are an adequate remedy –– The American Cyanamid Test –– Section 49 (h) of the Judicature (Supreme Court) Act.

Civil Procedure and Practice –– Specific Disclosure –– Application for specific disclosure of audited financial statements –– Whether documents requested are directly relevant to the claim –– Whether an order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs ––Rules 28.1, 28.6, 28.7 of the Civil Procedure Rules.

Intestates Estates & Property Charges Act –– Application to be declared a Spouse –– Whether the deceased was a single man –– Whether the Applicant and the deceased lived together as a spouse –– Whether the applicant and the deceased lived together as though they were husband and wife for a period of not less than 5 years prior to the death of the deceased.

Civil Procedure - Application to set aside default judgment - Service by fax - Whether Defendant has a real prospect of successfully defending the claim - Good explanation- Risk of Prejudice- Rules 12.4, 13.2 and 13.3 of the CPR.

Assessment of Damages –– Motor Vehicle Accident –– Personal Injury –– General Damages –– Pain and Suffering –– Handicap on Labour Market –– Special Damages –– Spinal Cord Injury –– Video Evidence

Assessment of Damages –– Personal Injury –– Motor vehicle collision ––Negligence –– Tenderness to sacral area –– Abrasion to right gluteal –– Pain and suffering and loss of amenities –– Special Damages.

Equity –– Is an Oral Contract enforceable–– Whether the Claimant has an equitable interest in the property –– Whether the Claimant can rely on Proprietary Estoppel –– Specific Performance.

Civil Procedure and Practice – Application to set aside Default Judgment – Whether the Applicant has a realistic prospect of success – Conditions to be satisfied for setting aside a Default Judgment – CPR, 13.3 (1); 13.3 (2) – Delay – Prejudice

Civil Procedure – Disclosure – Specific Disclosure – Nature and Import of Pleadings – Criteria for Ordering Specific Disclosure – Whether documents requested are directly relevant to the issues in dispute – Whether documents requested are in the defendant’s possession or under its control – Whether an Order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Civil Procedure Rules, 2002, Rule 28.1, 28.2, 28.6, 28.7 – Staff Orders for the Public Service, order 2.4(i).

Judicial Review – Application for leave to apply for Judicial Review – Part 56 of the Civil Procedure Rules – Relevant test – Was correct procedure followed on application for re-enlistment – Was the hearing conducted fairly – Legitimate Expectation – Breach of Natural Justice – Delay in filing application – Is there a good reason to grant an extension of time.