2025

Judicial Review – Certiorari – Decision Made By Ultra Vires.

Injunction - Application for interim injunctive relief – Application to strike out or stay claim and for disclosure – Whether consent judgment entered in St. Lucia dispositive of claim – Whether Defendants to be restrained from treating with company assets - Whether valuation done in St Lucia fair - Whether misrepresentation or fraud - Whether failure to answer valuer’s requisitions ground for complaint - Whether issues more appropriately litigated in St Lucia.

Damages - False Imprisonment – Malicious prosecution and assault.

Interlocutory injunction - Estate Gordon 'Butch' Stewart - Testator devised company shares and assets giving detailed instructions to executors - Directors meeting called - Whether a director and beneficiary has locus standi to prevent the directors meeting - Section 213A Companies Act - Whether anticipated oppressive act can be restrained. 

Property Rights of Spouses - Division of Property – Variation of Half Share Rule.

Company Law - Section 213A Companies Act - Whether there are instances of mismanagement of the 1st and 2nd Defendants - Whether the Claimant is entitled to recover funds invested in the 1st and 2nd Defendants - Whether the allegations of fraud have been proven - Whether the affairs of the 1st and 2nd Defendants have been conducted in an oppressive and/or unfairly prejudicial manner - Whether the Claimant was improperly removed as shareholder- Appropriate remedies - Winding-up - Investigation - Buyout.

Civil Practice and Procedure –– The Property (Rights of Spouses) Act ––Application for extension of time to bring a claim for division of property under section 13 (2) of The Property (Rights of Spouses) Act –– Factors to be considered by the Court for an extension of time –– Whether the delay is Inordinate –– Whether there is a good reason for the delay –– Whether there is a prima facie case –– Prejudice –– Whether the overriding objectives is in favour of the granting or denying the extension of time.

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

Trial – Division of Property – Unmarried couple - Constructive trust, proprietary estoppel -Interest acquired in property common intention

Division of Matrimonial Property – Whether the property - A business - Is jointly owned by both Spouses or by the one Spouse and Third Parties - Whether the Claimant Spouse made any financial contribution to the development of the business - Whether the Claimant spouse made any non-financial contribution to the development of the business. Occupation Rent - Whether the Claimant spouse is entitled to occupation rent.