2013

Civil practice and procedure - Freezing order -  Whether discharge of injunction on grounds of non-disclosure or whether injunction not to be continued until trial - Whether good arguable case of breach of trust or breach of contract - Wheher claimant entitled to produce without prejudice correspondence from dependant at ex parte hearing - Whether risk of dissipation of assets - Hardship to  dependant - Whether order just and convenient in all circumstances.

Application for stay of proceedings - Section 5 Arbitration Act - Whether fact that claim made against directors of company in addition to company should prevent referral - Affidavit evidence allowed after matter heard and judgment reserved to deal with readiness and willingness to proceed at time of commencement of proceedings - What proof required of readiness and willingness - Stage dispute/breakdown had reached with parties relevant - Whether good reason not to refer to arbitration.

Judicial review – Application for order for declarations, certiorari, mandamus and for damages – Education Act 1980 and the Education Regulations 1980 – Termination of employment.

Negligence – Duty of care owed by legal custodian of prisoner – Special relationship between custodian and person in his custody.

Statutory interpretation - Section 21 Indecom Act - Section 47 Telecoms Act - Section 16 Interception of Communications Act - Whether ejusdem generis rule applicable – Generalia specialabus non derogant.

Breach of By-Laws - Injunction restraining church from operating in Commercial centre

Negligence – motor vehicle collision – Claimant a passenger unable to say what caused collision – whether burden of proof satisfied.

Negligence – Motor vehicle collision – Liability of parties – Contributory negligence – Assessment of damages.

 Judicial review - application for leave to apply for judicial review - Mandamus- Commission of enquiry - Commissioners failing to submit report on completion of enquiry - Legitimate expectation - Delay - Test to be applied for leave - Whether applicant satisfies the test for leave to be granted - The Civil Procedure Rules 2002 (the CPR), 56.2 (1); 56.2 (2); 56.3 (3); 56.6 (1); - The Commissions of Enquiry Act, ss. 2 ,5, 7, 10 & 13.

Civil procedure - Abuse of process – Striking out claim on grounds of abuse of process – Discharging restraint order on the ground of abuse of process