2018

Civil procedure - Substituted service - Application by insurance company to set aside order for substituted service - Tests to be applied.

Tort - Malicious prosecution -Whether claimant proved damage - Claimant identified while in holding area - Whether reasonable and probable cause to prosecute - False imprisonmnet - Whether initial arrest lawful - Claimant taken before court several days after being charged - Whether detention unduly long and unexplained - Assault - Claimant not cross-examined - Effect of failure to cross-examine.

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.