2015

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. 

Civil Procedure and practice - Application for summary judgment - Whether application notice complies with the rules - Whether failure to comply with the requirements of the rules in the notice fatal to the application - Whether a claim with disputed -   Facts and voluminous pleadings is amenable to summary judgment - Whehter issues narrow regardless of volume of documents  - Part 15, Rule 15.4 and 15.2 of Civil Procedure Rules - Agency - Claim against bank employees and agents for negligence - Conspiracy, fraud and breach of fiduciary duty - Whether such as claim against employess and agen