2018

Employment - Dismissal – Fixed Term Contract providing for dismissal and for termination of engagement with notice or salary in lieu of notice - Claimant's employment terminated without notice – Salary in lieu of notice and additional payments given – Whether Claimant dismissed for cause
No evidence presented in support of Defence - Whether court obliged to accept Claimant’s account.

Family Law – Custody of children – Application to vary of order - Change in circumstances – Custodial parent no longer resident in the jurisdiction.

Family Law – Section 13 of the Property (Rights of Spouses) Act - Fixed Date Claim Form filed seeking division of matrimonial home and an extension of time to make claim out of time - No separate Application filed seeking an extension of time - Validity of Fixed Date Claim Form.

Contract - Variations - Whether work done - Evidence by video link - Whether witness to affirm..

Negligence – Medical negligence – Negligence not established on the evidence.

Applications for relief from sanction trial commenced - Trial judge ruled statements of case had been struck out - Trial aborted - Applications made after trial - Whether delay inordinate - Whether there are good explanations for the delay - Rule 26.8., CPR.

Administrative orders – Whether application for a declaration is subject to the same considerations as an application for judicial review – Whether the purpose to which the declaration will be put is a relevant consideration

Medical negligence - Obstetrics - Whether decision to deliver baby by Caesarean section made too late – Whether delivery by Caesarean section caused injury to the claimant.

Application for payment of money held as security - Injunction discharged - Whether undertaking as to damages implied – Whether damage or loss is to be set off against money held as security – Foreclosure – Whether mortgagor entitled to refund of money held as security.

Application for Summary Judgment - No dispute of fact – Whether Guarantor who signed as director of principal borrower privy to change of contract agreement – Whether liable in his capacity as Guarantor – Whether Consumer Protection Act applicable.