2018

Contract law - Claim for arrears of salary based on term stated in employment contract - Whether term was a mistake - Whether the doctrine of unilateral mistake is applicable.

Employment law - Wrongful dismissal - Whether claimant is an employee or independent contractor.

Contract - Contract of employment - Whether period of probation was extended - Whether sufficient notice of termination - Whether there is an implied term of trust and confidence in an employment agreement - Whether breach of such as term can override an express contractual term specifying the appropriate period of notice.

Trespass - Who may bring claim - Registered title by description - Construction of descriptive words in context of other evidence. 

Injunction - Principles to be applied - Applicant registered legal owner – Party against whom injunction is sought is a mortgagee – Payment into court by mortgagor under ‘Marabella principle’ - Exceptions to applicability of the principle

The Evidence (Special Measures) Act, 2012 - The Evidence (Special Measures) (Criminal Jurisdiction) (Judicature) (Supreme Court) Rules, 2016 - Application for main witness to give evidence by live link - Appropriate circumstances for use of special measure of live link - Definition of vulnerabe witness - Witness said to be in fear but no allegation of actual threat - Right of accused to a fair trial - Credibility significant issue - Risk of incurable prejudice of the accused - Overall interests of the administration of justice.

Matrimonial Property – Claimant’s entitlement to an interest in the family home – Whether claimant’s interest in family home has been extinguished – Property (Rights of Spouses) Act, 2004, section 6, Limitation of Actions Act, 1881, sections 3, 4, 14 and 30

Land - Joint Tenancy – Extinction of title of registered owner – Limitation of Actions Act, 1881, sections 3, 4, 14 and 30

Application for extension of time to apply for leave for Judicial Review - Whether the application was made promptly - Whether there is good reason to grant the extension of time - Where there will be substantial hardship or prejudice to the rights of any person - Whether there is an arguable case for legitimate expectation - Whether there will be detriment to good administration.

Mortgage- Bridging loan – Negligence – Fiduciary duty – Nature of the relationship between mortgagee and mortgagor – Responsibilities of mortgagee – Classification of client’s loan account – Method of calculation of interest rate – Legal costs incurred before commencement of claim.

Civil Procedure - Application for Relief from Sanctions - Civil Procedure Rules - Rule 26.8 - Whether application was made promptly - Attorney’s failure to inform client of case management conference - Defence under the Limitation of Actions Act