2018

Judicial review – Reviewing the hearing process of an inferior tribunal – Duty to act fairly – What is fairness – Nature of duty to particularize grounds of claim – Certiorari – Legitimate expectation – Natural justice.

Negligence - Personal injury - Motor vehicle collision -  Road Traffic Act.

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.

Judgment entered in default of acknowledgement of service – Application to set aside default judgment – Whether application to set aside default judgment was filed as soon as was reasonably practicable – Failure of defendant to challenge ex parte order for service out of the jurisdiction – Mere exhibiting of draft defence and reference to the contents thereof by an attorney, is inadequate – Disputed facts.

Application for summary judgment – Applicable legal principles – Burden of proof – Mortgagor and mortgagee – Privity of contract – Negligence – Breach of fiduciary duty – Unjust enrichment

Loan contract – Monies borrowed for the benefit of interrelated companies – Each company receiving a separate portion of the loan with obligation to repay that portion with interest – Corporate and cross guarantees signed by each company – Separate personal guarantees also provided for the said loan by two individuals – Loan in default – Guarantors called on by the bank to honour the guarantee – Loan repaid by one guarantor – One individual guarantor seeking to claim from the other an indemnity under the guarantee – Whether guarantor obliged to sue the principal debtors first – Whether loan

Res judicata, - Ambit of the doctrine, degree of understanding to execute will and power of attorney.

The Evidence (Special Measures) Act 2012 – The Evidence (Special Measures)
(Criminal Jurisdiction) (Judicature) (Supreme Court) Rules 2016 – Prosecution’s
application for a witness to give evidence by live link – Appropriate circumstances
for use of special measure of live link – Witness said to be vulnerable but no
allegation of actual threat – Right of accused to a fair trial – Credibility significant
issue – Whether grant of application prejudicial to Defendants – Overall interests
of the administration of justice

Division of property on death of sole owner -  Section 6(2) The Property (Rights of Spouses) Act.