2018

Striking Out – Application by First Defendant – Further, Further Amended Particulars of Claim- No leave to file obtained - Whether new cause of action – Whether Limitation bar- CPR Rules 20.4; 26.3 and 26.9.

Addition and Substitution of Parties – Whether party by virtue of his registered interest in a property as a mortgagee has a right to be added as party to a Claim – Rules 19.3 and 19.4 of the Civil Procedure Rules considered – Significance of relevant Limitation period in the context of Rule 19.4 and the Limitation Act – Consolidation

Assessment of damages - Quantum - Medical evidence

Damages - Assessment of - Personal injury.

Company Law - Duty of company to file annual returns - Whether non-operational company obligated to file annual returns - Section 121 of the Companies Act

Civil Procedure – Setting aside default judgment – Whether the defendant has a real prospect of successfully defending claim - Rule 13.3 of the Civil Procedure Rules, 2002, (as amended 18 September 2006)

Trespass to property - Seizure of motor vehicle - Detinue - Conversion - The Road Traffic Act

DNA Evidence Act 2016 − Non-intimate sample sought from accused − Accused
consented then withdrew consent to provide sample − Whether Court order
required for the taking of a non-intimate sample from an adult who does not
consent − Whether sample can only be taken during the “investigative stage”
before a defendant has been charged and placed before the court − Interpretation
of Sections 2, 15, 20 and 25 of the Act.

Application to set aside Default Judgment- Defendant filed an Acknowledgement of Service but failed to File Defence. - Whether, there is good reason for the delay - Whether information contained in the Acknowledgment of Service amounts to an Admission of the Claim - Whether the Defence has a real prospect of success. Rules 1.1,1.2 13.3,13.4.13.5,13.6.

Whether defendant a licensee - Whether there is evidence capable of supporting finding that defendant is a licensee who has acquired a proprietary interest - Whether evidence to support finding that property is family home