2024

Application to set aside default judgment – Civil Procedure Rules Rule 13.3 – Whether default judgment should be set aside – Civil Procedure Rules Rule 12.5, Rule 12.7, Rule 12.10(1)(b), Rule 16.2, Rule 18.2(4)(b), Rule 18.9 and Rule 18.11(4) – Whether there is an anomaly in Rule 12.5 and Rule 18.2(4)(b) of the Civil Procedure Rules in providing that default judgment on a counterclaim may be entered administratively, and in not providing that the permission of the court is required where the counterclaim is intrinsically connected to the claim.

Trial – Motor vehicle accident – Liability – Negligence

Mortgagee/Mortgagor dispute - Whether loan disbursed - Mortgagoe exercising power of sale - Absence proper of records proving application of net proceeds of sale - Whether costs should be awarded on an idemnity basis against mortgagor.

Negligence – motor vehicle accident - Whether there was a breach of a duty of care.

Probate - Last Will and Testament - Failure to file counter Notice to prove document under Rule 28.19 of the Civil Procedure Rules (CPR)  - The effect of a faiure to file a counter notice - Whether the signature appearing  on the purported Last Will and Testament is that of the deceased or a forgery - Expert  evidence - Revocation of probate. 

Civil Procedure and Practice – Application to Strike Out Claim – Does Statement of
Case include Reply and Defence to Counterclaim - Application for Summary
Judgment – Whether the Claimant has a real prospect of succeeding in the claim –
Impact of Failure to comply with Rule 15.4(4) – Whether Summary Judgment can
be entered on the Counterclaim filed.

Civil Procedure - Application to strike out claim – Application to stay proceedings
– CPR Rule 26.1(2) – CPR Rule 26.3(1) – Fair Competition Act - Whether fact that 1st Defendant is unlicensed is fatal to the claim - Whether Defendants interrelated
parties within the meaning of the Act - Appeal in other proceedings challenging
report - Whether report integral to claim - Whether claim should be stayed pending appeal.

Civil Procedure - Application to strike out claim – Application to stay proceedings
– CPR Rule 26.1(2) – CPR Rule 26.3(1) – Fair Competition Act - Whether fact that 1st Defendant is unlicensed is fatal to the claim - Whether Defendants interrelated parties within the meaning of the Act - Appeal in other proceedings challenging report - Whether report integral to claim - Whether claim should be stayed pending appeal.

Civil Procedure - Delay - Abuse of process - Application for extension of time - Fatal Accident Act - Law Reform (Miscellaneous Provisions) Act - Limitation period.

Matrimonial Property - Division of family home and other matrimonial property – Marriage of long duration