Civil Procedure Rule. – Whether amendments in respect of claim for remedies and constitutional relief amounts to new causes of action – Whether to amend the Claim Form and Particulars of Claim after the Limitation Period to include Remedies - Application of Civil Procedure Rules (CPR) 2002: Rules 8.7, 20.1, 20.4, 20.6, 64.2 and 64.3
Civil Procedure – Application to appoint personal representative –– Whether application to appoint personal representative is properly before the Court – Criteria for appointing personal representatives – When can the court exercise its power to appoint a personal representative - Application of Civil Procedure Rules 2002: 21.1, 21.2, 21.3, 21.4, 21.7 and 30.3
Civil Procedure –– Whether time has expired for making application to challenge the jurisdiction of the court - Whether the defendant has waived the right to challenge the jurisdiction of the Court - Service of a claim form after the period of validity – Civil Procedure Rules 8.14, 9, 10 and 26.9.
Civil Procedure – Whether failure to participate in future mediation within timelines
constitutes failure to comply with unless orders – Whether there was failure to
comply with the unless orders – Whether relief from sanctions should be granted
– Alternatives to striking out – Whether costs should be awarded against the
Claimant for opposing application for relief from sanctions – Application of Civil Procedure Rules 2002: 1.1, 26.5, 26.8, 42.8, 42.9 and 64.6
Civil Procedure – Application to appoint personal representative –– Whether application to appoint personal representative is properly before the Court –
Criteria for appointing personal representatives – When can the court exercise its power to appoint a personal representative - Application of Civil Procedure Rules 2002: 21.1, 21.2, 21.3, 21.4, 21.7 and 30.3
Civil Procedure –– Whether time has expired for making application to challenge the jurisdiction of the court - Whether the defendant has waived the right to challenge the jurisdiction of the Court - Service of a claim form after the period of validity – Civil Procedure Rules 8.14, 9, 10 and 26.9.
Civil – Leave to intervene to set aside default costs certificate – Civil Procedure
Rules 1, 64 and 65 – Whether insurer can intervene to set aside a default costs
certificate – Whether default judgment constitutes proceedings that would
properly allow for the insurance company to intervene.
Property Rights of Spouses Act (PROSA) – Common law property - Application to make claim for division of family home - Delay – Prejudice – Whether the overriding objective can be preserved in the granting or non-granting of the extension of time – Limitation of Actions Act – Adverse possession.
Civil Procedure – Application to strike out ancillary claim and ancillary particulars of claim for improper procedure – Whether nullity or procedural error - Issue estoppel - application to strike out amended defence after the limitation period – Civil Procedure Rules Parts 18, 20 and 29.
