2013

Application for disproportionate division of property under section 13 & 14 of the Property (Rights Of Spouses) Act – Factors to be taken into account - Whether Court’s jurisdiction grounded in section 11 of PROSA – Whether the law of equity and trust applicable.

Negligence- Motor vehicle collision- 1st Defendant exiting premises – 2nd and 3rd Defendant overtaking a line of vehicles with flasher and siren on - Claimants passengers - Liability- Contributary Negligence – Damages.

Land – Claimant transferred his share to others – Purpose of transfer was so that creditors could not go after family home – Whether Claimant still has beneficial interest in the property.

Land – Owners hold as tenants in common – 2nd Defendant is part owner in possession who made improvements – Property sold - Whether proceeds of sale to be divided in accordance with an agreement between the co-owners - Whether claim barred by Limitation of Actions Act - Whether one co-owner’s investment in the land bars recovery of equal share by the other co-owners.

Assault – False Imprisonment – Malicious Prosecution – Whether reasonable and probable cause – Whether shooting in self defence – Whether warrant in possession of police – Acknowledgment of Service entered for 3rd Defendant only – Whether other Defendants undefended – Damages.

Sale of land by receiver under powers of sale in debenture and mortgage - Registration of Titles Act, S.

Civil practice and procedure – Security for costs application – Section 388 of Companies Act – Court’s power to stipulate time – Part 24 of the CPR – Delay in making application – Relevance of relative impecuniosity of claimant company to more prosperous defendant – Avoidance of both oppressive use of security for costs application and of state of impecuniosity – Whether claim only or whole of proceedings stayed – Appropriate order for costs on successful application for security for costs

Tresspass to the person- shooting by police – Whether malicious and or without reasonable and probable cause – Whether negligence has to be specifically pleaded.

Occupiers Liability Act – Negligence – Fall – Hotel driveway - Whether surface uneven – Whether breach of duty of care - Fractured metatarsals - Damage