2015

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

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.