2012

Trespass to goods – Detinue – Measure of Damages for trespass to goods – Power of Search and seizure – Absence of reasonable or probable cause – Need to particularize Malice

Discharge of ex parte provisional attachment order - Costs of an indemnity basis - Wasted costs.

Application to strike out claim - Res Judicata - Abuse of process.

Property (rights odf spouses) act - Division of property - whether house was wholly owned by one or both spouses - meaning of wholly owned 

Division of matrimonial property damaged by fire - How value arrived at

Evidence - Admissibility of documents - Rule 28.19 of the CPR - Meaning

of authenticity - Whether documents admissible without more when

recipient of disclosed document does not serve notice to prove

document - Whether objection on grounds of hearsay can still be taken

Trade union – Whether trade union can sue in registered name when claiming beneficial interest in property or whether trustees must bring claim – Gift - Resulting trust

Breach of Contract – Food Storage and Prevention of Infestation Act – Breach of Statutory Duty – Incorporation of a Document into a Contract

Practice and Procedure - Application to strike out claim as disclosing no reasonable cause of action - Application to amend Particulars of Claim in the face of striking out application - Application before Case Management -Whether amendment can take place without permission of court - Rules 20.1, 20.2 , 20.4 of the CPR - Whether Rule 20.1 allows more than one amendment of Statement of Case without Court’s permission - Principles guiding court -Whether Claimant has a real prospect of succeeding on the amendments at trial - Need for evidence upon which to find real prospect of success