The Honourable Mr. Justice Dale Staple (Ag.)

Restrictive Covenant – Part 26 Civil Procedure Rule- Rule 26.1(v) – Notice to Parties of the Court’s intention to make orders of its own volition at a hearing – Breach - Specific modification - Inordinate delay - Explanation of delay - The question of prejudice

Family Law – Section 14(1) (a) of Schedule 1 of the Child Care and Protection Act – Medical Treatment in the absence of parental consent – The Court’s parens patriae jurisdiction – An order making a child a ward of the Court – Section 27 of the Judicature (Supreme Court) Act – Child’s best interest – balancing exercise.

Negligence – Duty of Care of Prison Authorities Towards Prisoners - Failure to Care for Prisoners in Custody – Whether Prison Authorities Failed to Ensure that the Claimant Received Proper Medical Attention Within a Reasonable Time When
Notified of Injury – Whether Failure of Authorities Caused the Injury to the Claimant.

Civil Procedure – Application to Strike out Case – Application Made in Claim
Started by Fixed Date Claim Form – Whether or Not Permissible.
Land Law – Adverse Possession – Whether or not Claimant as Licensee can
establish adverse possession – Whether granting of license by one joint tenant
binds all joint tenants – Whether license created was revoked by death of one joint
tenant – Whether Claimant’s pleadings disclose no reasonable grounds for
bringing the Claim.

Civil Procedure – Application to Enter Default Judgment on Terms – Meaning of
Registered Office of a Company – Whether a company can have more than one
registered offices – How to treat with a purported registered address which
includes both a physical address and a P.O. Box Number – Whether or not the
Defendant was served with the Claim Form and Particulars of Claim.

Negligence – Employers Liability – Whether Claimant has established breach of
duty of employer to provide safe system of work, sufficient staff and equipment –
duty of claimant to provide sufficient evidence of breaches.

Pleadings – Amendment to pleadings – Substitution of parties – Whether claimant changed her status as one party to another party – Whether claimant’s change in status is the same as substitution of a party – Whether claimant permitted to substitute a claimant under the general provisions relating to amendment of statement of case before a Case Management Conference.
Pleadings – Amendment to pleadings – Relation back principle of amendments to pleadings – Whether amendment to sue as administratrix renders entire claim a nullity.

Negligence – Contributory negligence – Pleadings – Whether contributory negligence properly pleaded – Whether Court can consider contributory negligence if not properly pleaded 
Negligence – Employer’s liability – Duty to have and maintain a safe place of work - Whether or not employer breached duty to have and maintain a safe place of work – Was the floor of the defendant’s premises in an unsafe condition for workers?

Application for Freezing Order – Application for extension of freezing order –
Whether or not applicants have an arguable case – Factors that affect whether
Applicant has an arguable case – Whether claim likely to be struck out as being
statute barred – Whether claim sufficiently supported by evidence.