2012

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.

Employment law – Dismissal by reason of redundancy – Acquisition of one company by another – Whether redundancy situation created – Meaning of same employer – Whether claim statute barred – Employment (Termination and Redundancy Payment) Act, sections 5, 6, 7, 10 and 15 – companies Act section 151.

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.