2012

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.

Application by Interested Person – Application to Set aside Provisional Charging Order – Application to Set aside Injunction- Application for Final Charging Order – Priority of Interests – Section 134 of the Registration of Titles Act – Effect of Lodging Court Order with Registrar.

Assessment of damages – Pain Suffering and Loss of amenities – Loss of fingers on dominant right hand, loss of teeth and fracture to right leg – Post Traumatic Stress Disorder– applicability of multiplier/multiplicand
approach to replacement cost of prosthesis – size of multiplier – young claimant – whether damages for loss of earning capacity to be assessed using multiplier/multiplicand approach or conventional award to be made – validity of Notice of Objection to tendering Hearsay Statement in Evidence.

Trespass to Land – whether land sold prior to deceased owner’s passing – Whether documentation forged – Expert Handwriting evidence.

Breach of contract - Negligence - Detinue & converstion - Whether claim for damages for negligence can properly be pursued in circumstances which are founded on a contractual agreement - Whether second defendant has propertly been made a party to claim - Failure to put forward reasons for denial of one aspect of claimant's claims - Effect of such failure.

Security for costs - Claimant not ordinarily resident in jurisdiction - Application to strike out statement of case.

Statutory interpretation – Section 3 of the electric lighting act – Whether the minister is permitted to grant licence to one person to supply electricity for the whole island.