2009

Application for summary judgment  - Contract - Flow Super Cup - Claim and
counterclaim - Defence that amounts collected were spent for the claimant’s
benefit - Whether real prospect of success - Counterclaim reliant on an oral
agreement - Whether real prospect of success.

Application to strike out portions of witness statement - Whether inconsistent with statements of case - Scope of declaratory relief.

Cost - Defendant found not liable - Ancillary defendant therefore not subject to any liability - Whether costs of ancillary defendant should be payable by claimant directly to ncilary defendant - or be paid by 1st. defendant/ancillary claimant and be recoverable from the claimant - Relevance of Bullock of Sanderson orders.

Personal injury - Damage by over-passing electrical wires - Claimant working on un-approved building extension - Whether owner of vacant house ' occupier' - Principle of causation examined - proximate cause of injury - Whether Volenti decence available to defendant - Whether opinion evidence of non-expert of relevance - Non-delegable duty of care of independent contractor for inherently dangerous work - Proof of negligence when standards set by JBS nont contravened.

Consent order - Claimant refused to comply - Application to set aside by claimant - Time - Application to enforce by the Defendant.

Application by claimant for relief from sanctions under CPR 26.8 whether conditions satisfied for court to grant relief - Whether the conditions of Rule 26.8 are to be read conjunctively - The exercise of the judge's discretion in the context of the over-riding objective.

Application for summary judgment - Road Traffic Act - Owner - Registered owner - Presumed owner - Vicarious liability.

Medical negligence - Application of the doctrine of Res Ipsa Liquitor