2018

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

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.

Civil Procedure - Defendants’ Notice of Application to Vary/Set Aside Order or for an Extension of Time to Comply with Order - Rules 42.10(1), 26.1(7) and 28.7(1) (2)(a) and (b) of the Civil Procedure Rules - Claimants’ Notice of Application to Strike out Defence – Rules 28.14 (2) and 26.3 (1)(a) of the Civil Procedure Rules.

Judicial review - Statutory interpretation - Revenue Appeals Division Act, 2015 -  Jurisdiction - Failure to exercise statutory duty.

Claim for recovery of possession and for damages for trespass – Proceedings brought by fixed date claim Form – Defence of adverse possession – Procedural objection – Whether proceedings ought to have been commenced by means of claim form – Whether conversion of proceedings appropriate.

Bill of cost – Retainer agreement – Disputed attorney’s fees - Refusal by attorney to have bill of cost taxed – Whether court has jurisdiction to refer bill to Registrar of the Supreme Court for taxation after limitation period – Legal Profession Act Section 24(4).

Mortgage – Whether exercise of statutory power of sale is subject to the Limitation of Actions Act
Evidence – Without prejudice communication – Principles - Whether communication containing clear admission of debt excluded
Witness statement – Whether witness who does not identity her purported witness statement may be permitted to give viva voce evidence

Civil procedure - Consent order - Application to enforce - Whether death of applicant seven months after order a supervening event which undermined or invalidated the basis on which the consent order was entered into Evidence - Determining the underlying assumption or basis on which a consent order was entered into - Whether conduct of respondent in devising property to children by will sufficient evidence to determine the underlying assumption or basis of consent order