2009

Practice and procedure - Application for summary judgment - Rule in Hollington v Hewthorn - Admissibility of please of guilty in criminal case - Whether defendant should be allowed to explain plea in civil trial.

Land - Tenancy agreement - Termination of tenancy - Purchaser acquiring land whether purchaser and vendor liable for trespassing.

Redundancy payments - Whether there was contract between employer and employee on calculation of redundancy payments.

Companies Act, 2004 - Section 130(2) - Removal of directors - Application for court to order meeting of a company - Interpretation of phrase "if for any reason it is impractivable to call a meeting of a company in any manner in which meetings of that company may be called ...etc".

Injunction to restrain mortgage from exercising power of sale - Purchaser for value in possession - Default by mortgagor - Allegation of fraud - No evidence of actual fraud.

Application for stay of execution of order pending appeal - Principles applicable - What amounts to special circumstances - Whether if consequences of refusal of stay are less than ruinous to applicant - Court can exercise discretion to stay - Whether discretion unfettered.

Defamation - Application to strike out claim of libel - Whether striking out available in libel actions - Whether striking out provisions in CPR 26 exhaustive - Considerations in determining whether court should strike - Court's power to impose conditions on parties in making orders - Court's duty to manage cases and to apply over-riding objective.