2012

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.

Judicial review – whether subpoena for DPP to testify should be set aside – whether motive for subpoena improper-whether DPP can give relevant evidence – effect of section 94 (6) of Constitution

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.

Matrimonial property - Consent order - Whether consent order constitutes a contract between the parties, if so in what terms - Partition Act - Where consent order provides remedy upon default of one party’s obligation, whether court enabled to reopen the question of share of entitlement in property

Road traffic - Motor vehicle colliding with stationary taxi - Negligence - Onus of proof - Damages.