2017

Enforcement of judgment - Provisional attachment of debt order – Application to set aside - Consent Order – Application to vary.

Civil procedure - Application for recusal - Whether judge disqualified by reason of adjudicating on prior matter involving litigant - Apparent bias.

Matrimonial Property – Division of matrimonial home – Division of household items – Claim for maintenance by wife – Lump sum – Adjustment of pension rights – Section 6 of The Property (Rights of Spouses) Act – Sections 3 (2), 5, 14 and 15 of The Maintenance Act.

Assessment of damages – Approach of court - Whether lump sum award or multiplier applicable.

Assessment of Damages - Enforcement of undertaking as to damages – Whether loss arising from Court ordered mandatory injunction - Whether loss suffered by Defendant ought to be calculated at the contractual or commercial interest rate

Property Rights of Spouses Act, sections 26, 7, 12, 13, 14 - Whether family home if one spouse owned property with former spouse during marriage – Both Residence and Ownership tests to be satisfied to be considered family home.

Negligence – Duty of care – Action to avoid accident – Duty to observe ordinary care care to avoid injury to person and damage to property
out and observance of traffic light.

 

Statutory interpretation – Sections 63 and 88 of the Registration of Titles Act – Registered land - Deed of Gift - Whether an unregistered transfer confers ownership of the land upon the transferee – Whether the execution of the instrument of transfer converts the transferor’s intention into ownership on the part of the transferee – Sale of land

Default judgment - Application for - Civil Procedure Rules, 2002 Rule2.4 and Part 12

The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011– Whether the Regime infringes sections 13(3)(a),(c), (j) and (r), 14(2)(d), 16(1), (2) and (6)(c) of the Charter – The Proceeds of Crime Act, 2007, as Amended – Whether the reporting obligations imposed on attorneys by sections 94 and 95 breaches attorney/client privilege, legal professional privilege,