2015

Damages for detinue or conversion  - Negligence - Need for claimant to prove unqualified demand for return of item alledgedly unlawfully detained – Burden of proof of 'positive defence' - Burden of proof as regards issue of mitigation of damages.

Injunction - Applicationfor injunction - Restrictive covenant - Allegationof fraud - Whether covenant annexed to land - Sections

Civil Procedure - Application to set aside default judgment - CPR Rule 13.2-CPR Rule 13.3 - Application to set aside irregularly obtained judgment - Applicant also relying on CPR Rule 13.3 - Tests to be applied in either situation - Whether judgment should be set aside.

Civil procedure - Application under section 11.18 of the Civil Procedure Code to set aside order made in absence of claimant  - Whether summary judgment can be entered when amended statement of case filed and served and time for filing defence  has not passed.

Applications to strike out and for summary Judgment –Whether no reasonable prospect of success – Whether offer to purchase conditional – Whether jointly appointed agent an arbiter authorised to accept offer - whether matter to proceed to trial.

Insurance contract - Anticipatory breach - Estoppel by convention

Occupiers liability – Duty of care – Whether owner of car park owes duty of care to prevent vehicle from being stolen.

Breach of contract – Building contract – Contract varied before construction – Payments made in advance to builder whether deposit should be refunded.

Judicial Review – Renewed Application for leave – Preliminary objection – Preliminary objection upheld - Rule 56 of the Civil Procedure (Amendment) Rules

Negligence - Traffic accident - Two vehicles approaching separate sstop signs at separate intersections - Claim for damages for negligence - Ancillary claim for damages for negligence - Duty of driver when vehicle being driven by that driver has right of way - Countercliam and ancillary claim - Whether countercliam and ancillary claim should both be comprised in a single Court document.