Application for leave to appeal and for stay of proceedings – Relevant
considerations – Real prospect of success – Risk of injustice – Factors determining application for leave to apply and grant of stay
Application to set aside – Substituted service – Overriding objective – Whether insurance company has done enough to bring documents to insured’s attention – Effect of service of unsealed order
Civil Procedure – Application for determination of liability after defence struck out
and judgment entered – Effect of striking out – Procedure after defence struck out
and judgment entered - Relevant considerations
Personal injury - Motor vehicle accident - Negligence - Duty of care owed by drivers
of emergency vehicles - duty of care on pedestrian at a crossing - contributory
negligence.
ASSESSMENT OF DAMAGES – Claimant diagnosed as HIV Positive – Claimant rediagnosed
as HIV Negative – Medical negligence – Claimant suffering from Post-
Traumatic Stress Disorder – Major Depressive Disorder – Adjustment Disorder -
Expert Evidence – Relevant Guidelines – American Medical Association –
California Schedule - Damages
Application for injunction – Serious issue to be tried – Adequacy of damages -
Balance of convenience - Adverse possession – What is required to show exclusive undisturbed possession - Effect of a possessory title on foreclosure – Striking out
Interdiction – Whether there should be a hearing before a public officer is interdicted – Whether there should be a hearing before salary is withheld upon interdiction - Whether salary constitutes property
Tort – Malicious prosecution – Whether the customs officers acted with malice in prosecuting the claimants – Whether the customs officers acted with reasonable and probable cause in prosecuting the claimants –
Motor Vehicle accident – Negligence - Duty of motorist while turning from major
road to minor - Negligence - Duty of care – Overtaking along unbroken white lines.
Application for division of property – Property other than the family home –
Property purchased by one party to marriage – Effect of power of attorney –
Relevant factors for the acquisition of an interest in property other than family
home.
Application to for 3rd further amended particulars of claimant – Application for further supplemental witness statement – Limitation period – Primary considerations – Is the amendment a new cause of action or arising from same facts – What is a disability – Injuries should be sufficiently pleaded – Prolix pleadings – Expert report – Factors for compliance.
