2011

Whether breach of employment contract of the claimant - Whether implied term of mutual trust and confidence is available to assist the claimant - Whether damages recoverable for breach of implied term in addition to damages for wrongful dismissal - Whether the rule in Addis v Gramaphone Company  is still good law - Tort of conspiracy - Whether proven - Defence to charge of conspiracy to injure.

Whether unless order in effect - Application to strike out claim - Interpretation of court order

Original Wifi not found — Last seen in possession of testatrix — Was Will destroyed anlino revocandi — Whether the testatrix was of sound mind, memory and understanding — Onus on propounder to prove testatrix of sound mind. Will itself may determine the mental capacity of the dispositive mind — Onus on propounder to rebut presumption of Will destroyed animo revocandi.

Custody - Care and control of 5 year old girl - Welfare of the child - Paramountcy principle - Relocation application - Practice and procedure - Application to strike out portions of affidavits made at trial - Undesirability of such procedure at trial - Maintenance - Responsibility of both parents

Husband and Wife – Matrimonial home acquired during the marriage - Wife claiming interest in matrimonial home – Husband asserting that home bought for the benefit of his children – Home registered in the names of husband and children – Whether steps taken to improperly remove property from falling within the definition of “family home” - Whether home to be treated as the family home – The Property (Rights of Spouses) Act ss. 2, 6, 8, 20 and 22

Civil Procedure – Consent to file defence out of time – Time allowed expiring within the long vacation – Whether computation of time suspended by long vacation – CPR rr. 2.4, 3.5 and 10.3
Civil Procedure – Injunction – Bank seeking to appoint receiver pursuant to debenture/mortgage – Debtor seeking to sell company’s asset – Whether bank should be restrained by injunction

Real Estate (Dealers and Developers) Act - Repayment contracts - Priority between board’s charge and bank’s mortgage-prepayment contracts void or voidable - Whether board’s charge void against bank and other creditors - Want of registration under Companies Act - Developer in liquidation - Whether bank’s mortgage pari passu when loan for multiple purposes – Accounting.

Wrongful death action - Allegation of medical negligence - Credibility of witnesses including expert - Standard of care - Duty of care of medical practitioners/specialist - Bolan v Friern Hospital Management Committee - Damages under the Fatal Accident Act and Law Reform (Miscellaneous Provisinos) Act

Assessment of Damages – Personal Injury – Proof of Special Damages
Amendment to Particulars of Claim after close of evidence and submissions, but before judgment