2015

Civil procedure - Application to set aside order permitting service out of jurisdiction - Application to set aside service of statement of case - Application to strile out claimant's statement of case - Rules 7.3, 7.5(5). 7.7. 8.16, 9.1, 9.2, 9,3, 9.6, 11.15, 11.16(3), 26.9 of the Civil Procedure Rules.

Adoption - Appeal from decision of Adoption Boad - Whether in the best interest of chld that she be adopted - Adoption licence - Sections 2,3,6,7,9,10,23,24 of Children (Adoption of) Act

Breach of Contract of Employment – Wrongful dismissal - Whether lay-off amounted to a dismissal - Defamation of Character -  Whether  Defendant’s conduct amounted to defamation - Damages

Occupier’s Liability – Negligence - Contributory negligence - Apportionment of liability – Quantum of damages

Judicial Review – Application for leave to apply for Judicial Review – Breach of Natural Justice – Fair Hearing – Remedies – Mandamus – Reinstatement of Probationary Officer – Usurpation of Statutory Authority – Sparing exercise of Court’s discretion to reinstate – Conflict of evidence between Parties - Public interest element – Mandamus imposed where there is a clear duty and not mere discretion – Promptness of Application for leave – Delay – Whether there is a good reason for Delay – Arguable ground with a Real Prospect of Success.

Assessment of Damages – Award of Costs – Application of Part 64 CPR rule 64.6 – Principles on which costs may be apportioned – Factors which influence discretion to depart from the general rule that the unsuccessful party should pay the costs of the successful party

Breach of Contract – Oral Agreement for sale and purchase of Motorcar – Recovery of sum due and owing – Interest at Commercial Bank Rate - Beneficial and Legal owner - Counterclaim – Failure of Consideration – Rental Arrears – Insufficient evidence – No receipt of payment - No date of payment – Substantial deprivation of Benefits – Least difficulty or embarrassment caused by burden – Proof of positive proposition preferred than negative proposition – Judgment for the Claimant.

Division of Property – Whether subject property was family home whether subject property was a gift to the Defendant – whether Claimant made contributions to improvement of family home – whether Claimant entitled to beneficial interest therein – Proprietary Estoppel – whether Claimant entitled to interest in animals: Property (Rights of Spouses) Act 2004 Sections 6, 7, 2 and 13

Part 56 of the Civil Procedure Rules – Whether or not application for declaration against public body without application for judicial review an abuse of process – Circumstances in which Reg.

Injunction - Copyright – Sections 53 and 54 of Copyright Act – Whether Defendants use of copyrighted material is lawful – Whether Fair Dealing exception applies – Interlocutory Injunction – Test where Interim Injunction gives entire remedy.