2018

Negligence - Motor vehicle collision - Personal injuries - Damages to motor vehicle
- whether the defendant is liable - Whether the claimants are contributory negligent. Assessment of Damages - Special damages - Whether loss of earning - Loss of future earnings should be strictly proven - Loss of earning capacity - Whether multiplicand/multiplier approach is appropriate - Pain and suffering and loss of amenities.

Civil Practice and Procedure - Notice of application to set aside default judgment - Civil Procedure Rules, 2002, Rules 13. 2 and 13.3

Application to Strike out Claim –Arbitration - Section 12 (2) Arbitration Act (1900) – Construction of Contract – Mitigation of Damages – Whether misconduct - Whether error of law on face of the record – Court’s inherent jurisdiction – Whether reasonable ground to bring claim.

Applications for Summary Judgment – Injunction – Lease – Absence of building permit - Breach of restrictive covenant – Whether landlord entitled to demolish buildings the subject of the lease.

Contract - Mortgage - Loan – Money Lending Act – Section 8 Subsections (1) and (3) - whether mortgage illegal and unenforceable – Whether loan disbursed prior to execution of mortgage – Whether relief to be granted – Whether full loan disbursed

Application to set aside order - Section 206 of the Companies Act – Scheme of arrangement - Whether court has jurisdiction to permit meeting – Whether meeting with creditors a prerequisite to permission.

Libel – Justification – Whether statements made were true in fact and substance –
Qualified privilege – Fair comment – Defamation Act [2013] Whether applicable to
proceedings - Defamation Act [1963] Sections 4, 7 and 8 – Libel Act Section 15 –
Damages

Matrimonial Property - Claim for 50% interest in dwelling house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property Rights of Spouses Act applicable - Whether the Partition Act applicable - Whether the rules of common law and equity applies - House built by spouses on land not owned by either spouse.

Court order - Interpretation of court order – The principle applicable to interpretation of court order