2014

Mediation - Claimant seeking to strike out defence alleging defendant failed to participate in good faith - Mediator summoned to testify regarding defendant's conduct and attitude at mediation - Mediator applying to set aside witness summons - Scope of confidentiality.

Negligence - Motor Vehicle Accident – Whether pedestrian walked into the path of moving motor vehicle – Whether driver of motor vehicle negligent – Injuries to pedestrian – Measure of damages.

Negligence - Contributory negligence - Overtaking of vehicle - Turning into path of oncoming vehicle - Denial of allegation - Need to put forward reasons for denial - Failure to put own version of allegation which has been denied.

Administration of estate – Probate – Interpretation of Will – Doctrine of lapse - Exhibition of inventory and accounts – Delay and the duty to account - Revocation of Probate – Chain of representation - Grant de bonis non – Wills Act – Trustee Act – Limitation of Actions Act 5.28

Summary judgment application

Interlocutory injunction – whether wife was apprised of all the facts prior to signing guarantee for husband’s business- whether husband exerted undue influence on wife – whether bank was put on notice – whether bank discharged its duty to wife- what constitutes proper advice to wife by attorneys at law

Damages - Assessment of damage - False imprisonment - Malicious prosecution - Whether bad character a mitigating factor in the award of damages - Exemplary damages - Aggravated damages - Vindicatory damages.

Negligence – Personal injuries - Question of fact – Causation - Claim for damages.

Civil procedure - Application to strike out - Breach of contract - Refusal to strike out - Alternate sanction imposed - Order for payment of costs - Interest awarded on costs - Whether award of interest on costs excessive or unfair - Appropriate period for award of interest - Consideration applied - Judicature (Supreme Court) Act SS 51(1), Rules 64.6(5)(H); 65.15 & 65.19.

 Civil procedure - Mandatory mediation – Mediation agreement entered into by the parties - One party in breach of agreement – No notice of discontinuance filed – No stay of proceedings - Validity of agreement being questioned by one party - Whether original claim can proceed despite agreement  –Whether mediation agreement can only be enforced in fresh proceedings where no order made in terms - Application for directions - Rules 1.1; 26.1, 37, 42, and 74, of the Civil Procedure Rules (CPR) 2002.