2016

Damages - Motor Vehicle Accident – Breach Duty of Care – Standard of Care – Whiplash Injury – Contributory Negligence
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Negligence - Liability

Negligence – Whether 4th and 5th defendants are independent contractors or servants and agents of 1st defendant - Occupiers’ Liability Act – Whether the defendants or any of them were occupiers of the premises in question - Damages – Assessment

Administration of Estate – Probate Law - Interpretation of a Will – Intention of Testator – Expressed or Implied Intention - Read Will as a whole – Ordinary meaning of words/phrases – Words/Phrases used in a different sense - Court not to rewrite Will or improve upon – No speculation – Presumption against Intestacy – Residuary clause – Partial Intestacy – Intestates’ Estates and Property Charges Act.

Matrimonial property – Occupation rent – Principles upon which award is made – No ouster – Defendant undertaking not to occupy jointly owned property – Whether occupant in receipt of rent – Impact of delayed sale.

Malicious Prosecution – Police Officer – Evidence in witness statement of reasonable and probable cause in respect of an offence – Alternative offence charged on instructions of Director of Public Prosecution – Effect of instructions of the Director of Public Prosecutions.

Negligence – Motor Vehicle Collision – Claimants passenger in a bus owned and driven by 1st and 2nd Defendants – bus collided with rear of truck owned and driven by 3rd and 4th Defendants – blind corner – agony of the moment – whether all Defendants or any of them liable - Damages

Application For Injunction – Magisterial Recount – Whether Judicial Review appropriate – Whether court has jurisdiction – Whether alternate remedy – Costs

Matrimonial Property – Parties separated - Family home - Marriage of short duration – Family home acquired before marriage by one spouse in the name of that spouse only - Variation of equal share rule - Factors to be considered- The Property (Rights of Spouses) Act
 

Civil Procedure  Application to withdraw admission – Whether an admission was made – Whether admission should be withdrawn – Whether judgment on admission is to be set aside – Civil Procedure Rules 1.1, 1.2, 14.1(6)