2016

Family Law - Applications for Joint Custody and for Sole Custody - Application for Unsupervised Access - Removal of Child from the Jurisdiction - Sections 7 & 8 of the Children (Guardianship and Custody ) Act - Welfare of the Child - Section 14 of the Property (Rights of Spouses) Act - Transfer of Heritage Education Plan

Assessment of Damages - Personal Injury- Firefighter injured on the job - Handicap on the labour market - Method of quantification of damages - Permanent partial disability - Issue as to quantum of damages

Assessment of Damages - False imprisonment - Assault and battery - Claimant detained and searched at airport nothing found - Thereafter detained at KPH handcuffed to a bed whilst further investigations conducted - No illegal substance found -   Discharged after 4 days.

Admiralty Law – Ship under arrest – Application to intervene by Charterer - Whether order for sale pending trial ought to be made – Whether valid claim to the fuel – Mortgagee of vessel – Whether court has jurisdiction to order sale pending trial – Whether vessel ought to be released – Security for release.

Equity – Constructive and Resulting Trusts – Joint Tenancy – One Joint Tenant deceased – Legal proceedings commenced by deceased Joint Tenant before his death to sever joint tenancy – Spouse of deceased joint tenant claiming beneficial interest in property – Civil Procedure Rules 27.2 (8).

Costs – Identifying which party was successful – Apportionment of costs – Whether issue based or percentage is more appropriate

Family Law - Division of matrimonial property - Whether property bought before marriage is matrimonial property - Whether section 13 and 14 of PROSA are relevant - Whether application under PROSA is within time - Whether husband entitled to rent for use of property.

Injunction  Nuisance – Noise, dust and smoke, vibrations, water – Construction site – Whether conditions of building approval relevant – Whether action or inaction of planning authorities relevant – Delay in application

Insurance - Motor vehicle policy - Whether claimant entitled to avoid policy-Whether vehicle under the care and control of the insured - Proposal form - Whether there was material misrepresentation or non disclosure.

Application for Injunction - Criteria for grant - Judicature (Supreme Court) Act section 49(c) - Civil Procedure Rule 17 - Interim remedies-Property in the process of being purchased-Balance of Convenience - Factors to be taken into account.