2018

Negligence – Motor vehicle accident – who is liable – Personal Injury – head Injury – Assessment of Damages.

Maintenance – Maintenance of child who is not a minor – Division of matrimonial property – Family home constructed on land belonging to other family members – Maintenance Act, sections 2, 8 (1) –Property (Rights of Spouses) Act, Sections 2, 6, 13.

Equity – Whether claimant has an equitable interest in property - Proprietary Estoppel – Whether claimant’s evidence is hearsay evidence – Part 30 of the Civil Procedure Rules 2002

Civil Procedure – Striking out statement of case – Whether claim is statute barred - Rule 26.3 (1) of the Civil Procedure Rules; Limitation of Actions Act

Civil Practice and Procedure  Notice of Application to Amend Name of Defendant - Notice of Application for Security for Costs - Rules 24.2 and 24.3 of the Civil Procedure Rules - Whether Claimant ordinarily resident outside jurisdiction.

Notice of Application for court orders filed pursuant to Rule 26.5 after striking out of defendant’s statement of case - Whether applicant permitted to claim in notice of application for items which were not claimed in the Fixed Date Claim Form - No supporting evidence in affidavit in support of Fixed Date Claim Form - Evidence contained in affidavit in support of Notice of Application

Maintenance Act – spousal maintenance – condition precedent to maintenance order – whether the obligation to maintain spouse activated

Negligence-Pedestrian hit by wing mirror of motor car whilst using roadway- Duty of Care-Contributory Negligence-Quantum of Damages

Division of matrimonial property - The family home - Property other than the family home - Spouse’s interest in property inherited by other spouse - Inherited property not transferred to spouse - Property registered in name of one spouse and another person