2013

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

 Contract law - Restraint of trade covenant - Whether express

Agreement/covenant by former managing director and

Shareholder not to solicit clients - Whether term to be implied -

Constituents of soliciting - Need to prove direct and targeted

Behaviour on part of covenantor - Encashing cheque whether

proof of acceptance of terms of letter.

Tomlin Order - Variation of schedule to Tomlin Order - Whether variations fundamentally alter schedule.

Whether claimant bound by representaton made by attorney - Whether defendant is entitled to withold claimant's certificate of title.

Constitutionality of legislation – Whether section 20 of the Independent Commission of Investigations (INDECOM) Act is unconstitutional – Effect of section 20 conferring on the Commissioner and investigative staff of INDECOM, in the exercise of their duty, like powers, authorities and privileges as are given by law to a constable – Whether INDECOM’s officers have the powers of arrest and charge – Whether INDECOM’s officers having such powers would undermine the Office of the Director of Public Prosecutions

Assessment of Damages – Claimant unlawfully shot and detained by police – Bullet fragments lodged in claimant’s head – Whether in addition to damages for assault and battery claimant entitled to aggravated, exemplary and vindicatory damages.

Application for declaration of paternity - Reputed father deceased - Status of Children's Act - Burden and standard of proof required.

Damages - Breach of contract - Construction of joint venture agreement.

Civil procedure – Application to strike out claim – Limitation of Actions Act – Fraud - Breach of trust.

Judicial Review – Head of Department demoted – Whether notice of charge given – Whether decision perverse – Whether hearing unfair due to presence of principal – Whether decision ultra vies the Education Act and Regulations – Whether punishment unreasonable and unlawful - Whether issue prejudged by committee.