2012

Libel/Slander - Malicious Falsehood - Assessment of damages - Allegations concerning paternity.

Assessment of Damages – Judgment on admission – Damages for Post Traumatic stress disorder – Inability to properly account for loss of baby – Circumstances surrounding knowledge of loss of baby – Whether damages recoverable for psychological injury - Assessing damages where particulars pleaded do not support liability

Application by Defendant for Stay of Proceedings – Principles Governing Grant of Stay – Forum Non Conveniens – Jurisdiction Clause in Written Agreement – Court’s Discretion.

Admiralty - Accident occurring in maritime protected area - Alleged damage to reef - Arrest of vessel - Application for release of vessel from arrest - Discretion of court to order release – Considerations in the exercise of discretion - Conditions to be satisfied to obtain release – Appropriate form of security – sufficiency of security - CPR 70.11 (4)

Property dispute – Claim to equitable interest – Claim to entitlement to apply for letter of administration.

Practice and procedure – Application to strike out – Abuse of process – No reasonable ground for bringing claim – Rule 26.3(1)(b) and 26.3(1)(c) CPR  –  Arbitration proceedings – Issue estoppel and res judicata.

Negligence - Vicarious liability - Whether driver employee or agent of owner - Whether owner liable for negligence of driver.

Assessment of Damages - S.31 E Evidence Act - Admissibility where no counter notice served and defendant unrepresented - Whiplash injury to neck.