2012

Application to strike out proceedings - Claim under Fatal Accident Act & Law  Reform (Miscellaneous Provisions) Act - Claim filed by person as executrix but who lacked capacity of executrix - Application to substitute validly appointed executrix - Whether claim a nullity or amenable to amendment - Civil procedure Rules, Rules 19.4 & 26.3 (1) (b).

Arbitration proceedings-section 12(1) of the Arbitration Act - Removal of arbitrator for misconduct - Meaning of “misconduct”- Matters that may properly be taken into account - removal of arbitrator for apparent bias – Whether real danger of bias.

Assessment of damages - Fifth and seventh edition American Medical Association Guidelines - Comparable cases - Permanent impairments ratings - Injuries of same nature and type - Handicap on labour market.

Application for injunction – Rights of a spouse under section 6 (2) of the property (rights of spouses) act – Exercise of mortgagee’s power of sale – Limitation of actions act.

Practice and Procedure - Costs - Whether to be taxed immdiately - Whether special costs certificate to be granted.

Private Nuisance – Construction of roadway on common property – Roadway
constitutes a danger – Whether user unreasonable and alien. Easement of Necessity – Rule in Wheeldon and Burrows – Presumed intention of
parties – Alternate Access – Right of footpath or General right of way Injunctive Relief – Principles governing the exercise of the courts discretion –
Material infringement of Claimant’s right – Conduct of parties.

Default Judgment – Application to set aside judgment entered in default of defence – Prescribed notes to the defendant and form of defence not served with claim form – Acknowledgment of service filed with notice of intention to defend – No defence filed –
Whether defendant submitted to jurisdiction of the Court – Whether waiver of irregularity in service of claim – Whether default judgment irregularly or regularly obtained - Conditions to be satisfied for setting aside default judgment – CPR, 8.16(1); 9.6; 12. 5; 13.2 (1) (b); 13.3; 26.9; 30.3

Expert evidence - Part 32 of the Civiil Procedure Rules (CPR) - Oral application and written application - Oral evidence by expert - Need for expert report to be prepared - Section 31E of Evidence Act - Relationship between Part 32 of the Civil Prodecure Reles and Part 31 of the Civil Procedure Rules, - Proposed appointment of expert witness during trial - Jointly instructed expert witness - Whether another expert witness should be appointed by the Court.