2018

Probate  Executrix overseas-Locus standi to bring claim –Affidavit evidence- Whether hearsay and inadmissible- Whether equitable mortgage valid –Whether promissory note enforceable-Interpretation of promissory note-Whether “on or before” sufficiently certain- Whether promise made by testator prior to his death enforceable against estate – Whether debt discharged –Whether equitable mortgage enforceable against non-parties to the loan- Whether equitable mortgagors estopped- Undertaking-Whether attorney at law in breach.

Contract – Illegality – Whether contract illegal by virtue of statute
Contract – Fraud – Whether claimant induced by fraud
Civil Procedure – Pleadings – Amended particulars of claim filed without permission of the court – Whether properly before the court

Insolvency - Procedure for application for receiving order - Whether previous failure to enforce judgment precludes application for receiving order – Whether stale dated judgment can ground application for receiving order - Whether failure to pay debt to single debtor can establish that debtor has ceased to meet liabilities generally as they become due. Conditions for appointment of Government Trustee - The Insolvency Act, 2014

Civil Procedure Rules - Rule 56.3(1) - Application for leave to apply for judicial review - Threshold for granting leave - Arguable ground with a realistic prospect of success.

Division of matrimonial property - The family home - Whether equal share rule to be varied - Whether limitation has run against husband’s interest in property - Whether property transferred by spouse prior to filing of claim can be the subject matter of claim - Whether 3rd party with interest in property should have been joined as party to claim or whether being called as witness is sufficient to allow court to make order adverse to third party’s interest.

Practice and Procedure - Applicatin ofr claimant's witness statements not to b used at trial - CPR Rule 26.11 and 29.11

Cancellation of transfer – Fraud - Authenticity of signature – Forgery – Knowledge of forgery.

Revenue AppealTime within which to bring Appeal in Revenue Court expired - Application for extension of time to file Appeal refused - Application for leave to Appeal to the Court of Appeal - Principles to be considered in granting permission to Appeal to the Court of Appeal.

Medical Negligence - Whether the Defendants failed to ensure the safe delivery of the Claimant’s baby - Whether the treatment of the Claimant and her baby fell below the standard expected of a reasonably competent hospital staff

Negligence – Liability – Credibility.