2018

Civil Practice and Procedure - Notice of Application for Permission to Intervene and to Set Aside Order - Whether Intervener/Interested Party directly affected by the proceedings - Rules 56.11 (1), 56.11 (4), 56.11 (7), 56.13 and 56.15 (1) and (2) of the Civil Procedure Rules - Permission to Appeal.

Judgment on admission - Assessment of damages - Personal injury - Gunshot wound - Loss of future earning capacity.

Contract - Agent's failure to pay sums due under contract - Evidence - Whether sufficient evidence of the itegrity of the system whcih is being relied upon to establish debt.

Negligence - Breach of duty of care - Breach of statutory duty - Res ipsa loquitur

Equity - Proprietary estoppel - Misconduct on part of claimant

Matrimonial home - Consent order filed that parties are joint tenants of subject property - Order that property to sold and net proceeds of sale be distributed between parties equally - Order that either party can elect to purchase property - Neither party electing to purchase property - Which party is to have first option to purchase property.

Negligence - Employer's liability - Occupiers' liability - Safe system of work - Defendant's witness statement admitted as hearsay pursuant to Section 31E(4) of the Evidence (Amendment) Act - Credibility of witness.

Unless order - Striking out of defendant's statement of case - Whether defendants whose case has been struck out can participate in assessment of damages hearing - To whom extent can the defendants whose case has been struck out participate in an assessment of damages hearing - Fundamental rights of defendant - Proportionality of restriction on defendant's rights to objective of striking out the defendant's statement of case.

Claim for entitlement to property - Property (Rights of Spouses) Act - Claim for maintenance - Maintenance Act