2015

Entitlement to Property – Intestacy – Joint Property – Application seeking Court’s Intervention and Direction – Presumption of Death Order – Application to set aside Presumption of Death Order – Whether the Presumption of Death Order is a Final Order or Interlocutory Order – Application seeking Beneficial Interest in Estate – Declaration of Legal Spouse – Entitlement to apply for Grant of Letters of Administration – Application to set aside Presumption of Death Order refused.

Judicial Review - Application for leave to apply for Judicial Review - Allegations of Professional Misconduct - Breach of Financial Administration and Auditing Act - Education Act – Education Regulations - Whether there is an arguable case with a realistic prospect of success - Continuation of hearing complain before inappropriate body – Matter Statute-Barred – Sufficient interest – Alternative Remedy available – Section 37 of the Education Act – Appellate Procedure – Application for Judicial Review fails.

Tenancy agreement – Periodic tenancy – Notice to quit – Re – entry by landlord onto leased premises – Failure of tenant to end occupation of leased premises – Claim for damages for breach of contract and damages for lost opportunity – whether there was a breach of contract by the parties – Failure by claimant to comply with terms of lease – Failure by defendant to comply with terms of lease – Proof of special damages

Insurance - Whether material non - disclosure - Whether insurer can avoid policy - Clause stated to be basis of contract 

Negligence – Motor Vehicle Collision – Manslaughter Charge – Dangerous Driving - Fatal Accident – Damages – Loss of Earnings – Special Damages – Funeral Expenses - Fatal Accidents Act – Law Reform (Miscellaneous Provisions) Act.

Statutory interpretation -  Whether Independent Commissioner can obtain documents under any of those provisions - Independent Commission of Investigations Act - Interpretation Act S. 4, 12 and 21 of the Statute

Recovery of Attorney’s costs – Contingency Agreement - Application for an Interim Declaration – Application for a Charging Order - Solicitors Act – Part 48 of Civil Procedure Rules – Section 28D of the Judicature (Supreme Court) Act - Whether Charging Order and/or Interim Declaration can be granted in the circumstances – Abridgement of time to hear application – Does the circumstances warrant an abridgment of time – Application for Interim Declaration granted – Application for a Charging Order refused – Application for Abridgement of time refused.

Breach of contract – Building contract- Abandonment of construction of house – Implied condition of cooperation- Measure of damages

Judicial Review - Application for leave – Orders of Certiorari and Prohibition - Threshold Test – Whether sub-franchise fee imposed by JUTC is ultra vires – Whether JUTC is regulating public passenger transportation - Civil Procedure Rules Part 56

Breach of statutory duty - Occupiers liability – Negligence -  Contract - Slip and fall on wet stairway at hotel resort – Whether wet stairway constituted an unusual danger – Definition of occupier - Whether defendants. were joint occupiers of hotel resport - Res Ipsa Loquitur