2018

Constitutional law – Violation of right to trial within a reasonable time – Order for constitutional damages as compensation – Components and level of compensation – Charter of Fundamental Rights and Freedoms, Sections 14 (3) time at which it is most appropriate for assessment to be undertaken

Negligence – Motor vehicle collision – Credibility – Liability – Personal injury.

Negligence – Motor vehicle accident – Inevitable accident – Contributory negligence – Personal injuries - Damages

Application for Stay pending Arbitration - Whether request for arbitration – Whether words “Notice is imminent” negates request - Whether filing legal action amounts to election not to arbitrate.

CONTRACT – Lease – Representations- Whether oral collateral agreement that lease would be renewed – Whether oral collateral agreement that tenant would be compensated – Estoppel – Whether landlord estopped from exercising legal rights under terms of the Lease – Expert Evidence – Whether replacement cost at date of claim relevant.

Matrimonial property - Division of matrimonial property - Variation of the equal  share rule - The Property (Rights of Spouses) Act.

Civil Procedure - Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules-Application to set aside - Whether paying party entitled to set aside Default Costs Certificate - Both parties in technical breach of the rules - Good Reason - Points of Dispute.

Accusation of theft –Summary dismissal of employees – Failure to comply with the 
Labour Relations Code – Offer of reinstatement – Meaning of reinstatement in fact 
and law – Disciplinary hearings on same facts which triggered improper dismissals 
– Propriety of condition subsequent to reinstatement – Definition of industrial 
dispute – Whether there was an extant industrial dispute at time of Minister’s 
referral – Need for second complaint after second dismissal  – Minister’s referral 
ultra vires s. 11A Labour Relations and Industrial Disputes Act 

Negligence -Motor vehicle accident – Motor car and pedal cyclist - Credibility of parties – Whether Claimant contributorily negligent - Damages - Assessment - Personal Injury.

COPYRIGHT – Cable Television – Whether Defendant infringed copyright by broadcasting Diamond League event - “overspill” - Whether Defendant liable – Statutory construction – Copyright Act sections 31(5), 31(1), 32(3).