2019

Application for pecuniary penalty order - Proceeds of Crime Act, Sections 5, 6, 7, 8, 11, 17 and 18.

Application for summary judgment - Contract - Flow Super Cup - Claim and counterclaim - Defence that amounts collected were spent for the claimant's benefit - Whether real prospect of success - Counterclaim reliant on an oral agreement - Whether real prospect of success. 

Default Judgment - Application to set aside – Whether default judgment should
be set aside as of right – Whether defendant has a real prospect of successfully
defending the claim - Rules 13.2 and 13.3 CPR.

Judicial review - Application for certiorari - Jurisdiction of Industrial Dispute Tribunal - Jurisdiction of minister to refer matter to Industrial Dispute Tribunal - Whether dispute is an industrial dispute - Labour Relations and Industrial Disputes Act S. 2.

Judicial review – Application for leave to apply for judicial review – Threshold test – Whether the applicant has an arguable ground with a realistic prospect of success – Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principle of illegality and irrationality – Whether statutory authority acted illegally and irrationally – Principle of equitable treatment – Whether statutory authority acted unfairly and inequitably – Whether the waivers granted by the statutory authority gave rise in law to a legitimate expectation on the part of the applicant – Whether the appli

Practice and procedure - Application for injunction - Application to oblige access to land - Claimant holding an instrument of transfer for the title to the land - Presumption that damages never an adequate remedy when the subject matter of the claim is land - Preservation of the status quo.

Civil Procedure – Application to extend the validity of the Claim Form and for service by substituted method – Insufficiency of evidence of the Process Server – Whether the Claim Form can be extended from the date of the hearing of the application – Civil Procedure Rules 2002 (CPR), rules 8.14(1)8.15; 8.15(4)(a)(i) and (ii)(b)

Extradition – Proceedings before Parish Court Judge – Whether Parish Court Judge has the power to order disclosure – Whether section 16(2) of the Constitution imports a requirement for disclosure into extradition hearings –Whether failure to provide original source data amounts to unfairness

Civil practice and procedure - Negligence - Motor vehicle collision - Negligence - 
Inevitable accident defence