2018

CIVIL PRACTICE & PROCEDURE - Sections 139 and 140 of the Registration of Titles Act – Caveat against dealings – Service of Notice to Caveator – Where a caveat has lapsed what are the implications.

Judicial review - Principles applicable - Reviewing decision of the Commissioner of Police - Wednesbury unreasonableness - Principles of natural justice - Decision not to re-enlist  police officer.

Negligence – Motor vehicle accident – Who is liable – Personal Injury – Head Injury – Assessment of Damages.

Civil practice and procedure - Striking out statement of case – Claim is frivolous, vexatious or otherwise an abuse of the process of the Court – Rule 26.3 (1) (b) of the CPR – Henderson v Henderson principle – Consolidation – Rule 26.1 (2) (b) of the CPR - Costs.

Contract – Maintenance of Common Areas to joint property not falling under the Registration (Strata Titles) Act – Reimbursement for sums expended – whether a legal obligation to pay maintenance exists.

Election petition - Costs - Whether entitled to costs on indemnity basis -Section 28 of the Electoral Petitions Act

Application for extension of time within which to apply for judicial review and leave to apply for judicial review

Civil Practice & Procedure - Negligence - Employer’s liability -  Vicarious liability - Liability of independent contractor

Will - Validity - Fraud - Burden and standard of proof - Whether testator possessed testamentary capacity at the time of execution of Will - Whether signature on Will was that of the testator - Whether grant of probate should be revoked.

Whether the claimant is entitled to declarations sought - Whether claimant entitled to injunction - Whether claimant’s pleaded case and evidence support remedies sought