2016

Company law - Application to commence derivative action - Companies Act S. 212

Application to Amend Statement of Case - Rule 20.4 Civil Procedure Rules (CPR) as Amended 2006 - Guidelines for discretion of the court.

Civil procedure - Enforcement of money Judgment - Application for provisional attachment of debt order and provisional charging order to be made final - Application to discharge or vary provisional order.

Civil Procedure - Application to set aside default judgment - Rules 13.2 - Rule 13.3 Civil Procedure Rules (CPR) 2002 as Amended 2006 - Test to be applied - Real prospect of success - Whether judgement should be set aside as of right - Overriding objective.

Purported application to challenge jurisdiction of court Default judgment entered as application did not state on its face that rule 9.6 application - Nor did it seek a declaration; whether application in fact one challenging the court’s jurisdiction - Whether default judgment irregularly entered.

Motor vehicle Insurance - Failure of insurance company to indemnify motor vehicle owners - Claim for Breach of contract

Damages - Assessment of - Whiplash injury - No permanent disability

Matrimonial Property- Property Rights of Spouses Act ss 2, 6, 7, 9,13,14 - Entitlement to family Home - The Equal Share Rule - Whether application of the Rule Unjust - Burden of proof - One party acquiring land on which family home is built before the relationship or marriage - whether section 7 (PROSA) factor exists to rebut the equal share rule.

Civil procedure - Application to appoint expert - Application for order of specific performance

Damages – Assessment - Gunshot wound to leg necessitating amputation – Loss two fingers on dominant right hand - Pain and Suffering and Loss of amenities - Post Traumatic Stress Disorder - applicability of multiplier/multiplicand approach to replacement cost of prosthesis and for loss of earning capacity