2017

Burden of proof – Equity – Resulting trust – Constructive trust.

Application for interim declaration and injunctions

Equity – Constructive Trust – Division of Property – Beneficial interest in properties – Unmarried couple – Common intention – Requirement of detriment

Evidence - Whether requirements in respect of computer generated documents applies equally to information derived from a computer contained in a witness statement which stands as evidence in chief - Evidence Act sections 31E and 31G

Motor Vehicle – Personal Injury – Laceration – Tenderness to Chest – Quantum – Whether Special Damages Should Be Awarded Where No Proof Given

FIXED DATE CLAIM FORM PROCEEDINGS – UNDEFENDED CLAIM – JUDGMENT ENTERED IN FAVOUR OF CLAIMANT – APPLICATION FOR STAY OR EXECUTION OF JUDGMENT – RISK OF INJUSTICE – WHETHER DEFENDANT’S APPEAL HAS ANY PROSPECT OF SUCCESS – WHETHER DECLARATORY ORDERS CAN BE STAYED – WHETHER PERMISSIVE JUDGMENT ORDERS CAN PROPERLY BE SUBJECT TO A STAY OF EXECUTION ORDER – WHETHER JUDGMENT ORDER REQUIRING ACT TO BE DONE BY AN UNSPECIFIED DATE CAN BE MADE SUBJECT TO A STAY OF EXECUTION ORDER – NEED TO COMPLY WITH CASE MANAGEMENT TIMELINES SET BY COURT – NEED TO FILE DEFENCE AND PROPERLY BE DEFENDING CLAIM IN ORDE

COMPANY LAW  WHETHER AGREEMENT TO FUND LITIGATION CHAMPERTOUS – FIXED CHARGE AND FLOATING CHARGE – WHETHER ASSIGNMENT OF PROCEEDS OF SUMMARY JUDGMENT INVALID – WHETHER ASSIGNMENT OF PROCEEDS OUTSIDE OF CHARGE – WHETHER AGREEMENT TO ASSIGN PROCEEDS OF SUMMARY JUDGMENT OUTSIDE OF ORDINARY SCOPE OF BUSINESS

Family law - Custody -  Sections 3, 4, 7, 11, 12, 13, 14, 18 of Children (Guardianship and Custody) Act – Paramountcy of the welfare of the child - Factors o be taken into account.

Damages – Personal Injuries – Fracture – Future Medical Expenses – Chest Trauma – Motor Vehicle Collision – Whiplash

Damages  - Personal injury - Negligence - Motor vehicle - Abrasions - Laceration to the scalp - Soft tissue injury