Master Miss Carla Thomas

Civil Procedure Rules – Part 68 – Application to remove administrator pendente lite and to appoint another administrator pendente lite – Judicature (Rules of Court) (Master in Chambers) Rules 2021 – Whether master in chambers has jurisdiction to consider the application – Whether court has jurisdiction to set remuneration of administrator pendente lite

Civil Procedure Rules – Rule 8.8 – Whether sanction imposed – Whether appropriate relief should be for relief from sanctions or extension of time – Part 32 – Whether the expert will assist the court in resolving any issue in the claim – Whether the existence of a report prepared by the person to be appointed expert is a prerequisite to the appointment of that person as an expert - Motor Vehicle (Third Party Risks) Act – section 18 – grounds on which an insurer can avoid a claim arising from a judgment obtained against its insured

Civil Procedure Rules – Rule 13.3 – Setting aside default judgment – Whether affidavit sworn to by a party’s attorney-at-law amounts to an affidavit of merit – Rule 21.7 – Application to appoint representative of estate of deceased defendant – Whether sufficient proof of death in the absence of a death certificate – Whether Administrator General fit and proper person to be appointed as administrator ad litem.

Civil Procedure – Rule 26.3 of Civil Procedure Rules – Whether claim is an abuse of process; section 73 of the Judicature (Parish Court) Act – Whether section 73 operates to prevent the bringing of this claim in light of previous claim filed in the Parish Court – Whether claim should be struck out as disclosing no reasonable grounds for bringing claim - Whether the 1st defendant should be removed as a party.

Civil Procedure – Jurisdiction of court to order stay of proceedings in subsequent action in circumstances where costs ordered in previous action between similar parties have not been paid

Civil Procedure Rules - Rule 15.2 - Application for summary judgment - Whether the defendant has real prospect of defending the claim - Real property – Defences of frustration, surrender of lease, set off, misrepresentation - Whether there is a good prospect of succeeding in these defences.

Civil Procedure Rules – Rule 13.2 - Application to set aside default judgment – Whether defendants were served – Whether default judgment should be set aside as of right. 

Civil Procedure - Rule 15.2 - application for summary judgment - Whether the claimant has a real prospect of succeeding in the claim – Conflicts of fact – Whether case appropriate for grant of summary judgment

Civil Procedure - Rule 13.3 - application to set aside default judgment; application for extension of time to file defence – prospects of success