2012

Employer duty of care to employee owner - Occupier - For criminal act of third party - Occupier's liability - Defence of consent of risk of contractor - The effect of indemnity clause in contract - Liability of contractor - Owner - Damages - Loss of sight in left eye - Psychological injury - PTSD - Loss of memory - Handicap on labour market.

Application to strike out defence - Whether particulars of claim shoud have been filed - Whether defence filed and served within time allowed by claimant's Attorneys-at-law - Whether defence filed in keeping with rules of court - The overriding objective - Civil Procedure Rules - Rules 1,3,12,8,10.5 & 26.

Road traffic accident - Assessment of damages - Whiplash injury - Whether defendant can be heard at assessment of damages hearing following upon entry of default judgment.

Assessment of damages - Injury to knee, ankle, back and neck - Inability to play scrimmage.

Negligence - Duty of care owed to a tresspasser

Summary judgment - Rule 15.2 CPR - Principles to be applied on an application for summary judgment - Whether or not reasonable prospect that court of trial could find evidence of sufficient memoranda in writing and acts of part performance to establish a binding and enforceable lease and sale agreement in respect of which the court would order specific performance.

Drug Offences (Forfeiture of proceeds) Act – Search Warrant, pursuant to S20 – Whether Reasonable or Probable Cause – Tainted Property – Derived,
Obtained or Realised Directly – Convicted Person – Commission of Offence – Pleading Unclear Whether Action in Detinue or Conversion – Distinction
Demand – Measure of Damages – Market Value at the Date of Judgment.

Fiduciary duty – Breach of fiduciary duty - Misfeasance in public office – Conspiracy to injure – Causation.