The Honourable Mr. Justice Dale Staple (Ag.)

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether attorney being unwell is to be considered as part of the question of the promptness of an Application for Relief from Sanction.

Recovery of Possession – Adverse Possession – Sections 3, 4(a) and 30 of the
Limitation of Actions Act – Whether or not the Claimant’s Title has been
Extinguished – Whether or not the 1st and 2nd Defendants were in sole, exclusive
occupation of the property.

Landlord & Tenant – Breach of Agreement for Quiet Enjoyment – Establishing Breach of Quiet Enjoyment - Whether Claimant has shown any facts that show a breach of the Agreement for Quiet Enjoyment.

Contract – Breach of Contract – Whether Claimant has established breach of contract – Whether the right of re-entry was properly exercised under the contract.

Family Law – Application for Custody of Child – Application for Variation of Custody Order – Whether there has been a Material Change of Circumstances to Justify Variation of Custody Order Already Made. Family Law – Application for Custody of Child – Whether Variation of Custody Order is in the Best Interest of the Child.

Civil Procedure – Application to Set Aside Default Judgment – Whether or not the 3 rd Defendant was Properly Served – Whether or Not Deemed Service pursuant to an Order for Service by a Specified Method under Rule 5.14 was Rebutted – Whether Proven that Advertisements in Newspaper Came to 3rd Defendant’s Attention. 

Civil Practice and Procedure – Application for Summary Judgment – Whether an Amendment to the Pleadings Before Case Management Conference but after a Summary Judgment Application has been Filed and Served Should Be Considered. Civil Practice and Procedure – Application for Summary Judgment – Whether the Claimant has a Case With a Real Prospect of Success in Whole or in Part. Whether Summary Judgment Should be Granted Ahead of enactment of Validating Legislation.

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether Attorney Being Unwell is to be considered as part of the question of the promptness of an Application for Relief from Sanction.

Civil Practice and Procedure – Applications to Strike Out Claim – Application to Strike Out Claim Started by Fixed Date Claim Form – Whether Striking out is Appropriate – Whether or not Claimant has Standing to Bring the Claim – Whether or Not the Claimant Can Bring this Action in a Representative Capacity – Whether or not that Capacity has Been Established – Whether or Not Claimant is the Appropriate Party to Seek the Relief Claimed – Whether or not Claimant has Demonstrated that His Substantive Rights were or are about to be Breached by the actions of the Defendants to Entitle him to Decl

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether Issues of Instructions and Retainer Between Counsel and Client is to be considered as part of the question of the promptness of an Application for Relief from Sanction – Whether or not Counsel’s Failure to Comply with Case Management Orders Due to Issues with their Client Shows that the Failure to Comply was Unintentional – Whether Issues of Instruction and Retainer Between Counsel and Client is a Good Explanation for Non-Compliance.

Civil Practice and Procedure – Application to Remit Matter to the Parish Court – Principles involved in Transferring a matter from the Supreme Court to the Parish Court. Civil Practice and Procedure – Amendment of Pleadings After Case Management Conference – Whether or not Amendment is Valid Where Amendment Done Without Permission.