2019

Civil Practice and Procedure - Negligence - Employer’s liability - Whether employer provided safe system of work - Whether premises were reasonably safe for the purpose for which the claimant was permitted to be there - Personal injury - Pre-existing chronic lower back pain - Damages

Property (Rights of Spouses) Act - Division of matrimonial property - Post nuptial agreement - Family home - Other matrimonial property - Maintenance Act - Maintenance of spouse.

Application for extension of time to apply for leave for judicial review - Delay - Whether good eason shown

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.

Application to set aside judgment in default – Delay in entering acknowledgement of service – Attorney’s error cause of delay – 2nd Defendant an attorney-at-law-Relevance of want of candour - Agreement for sale- Undischarged mortgage on the property- Vendors mortgage also granted to Claimant who was the purchaser- Purchase price paid by instalments- Claimant put in possession- Instalments paid to 2nd Defendant as vendor’s attorney at law -2nd Defendant disbursed payments to his client the 1st Defendant – Payments were not made to mortgagee who exercised power of sale –The Claimant was legal

Administrative Law-Judicial review-Constitutional relief-The public service-
Retirement on the grounds of reorganization- Whether public servant have the
right to be heard prior to compulsory retirement-The Pensions Act-The Public
Service Regulations, 1961

Claimant diagnosed as HIV positive - Claimant re-diagnosed as HIV negative –
medical negligence – Claimant suffering from Post-Traumatic Stress Disorder –
Expert Evidence - Damage

Mortgage - Power of Sale – Whether the striking out of a claim is a bar to the enforcement of a mortgagee’s power of sale.

Civil procedure - Appeal against decision of the Registrar to issue an Order for seizure and sale – Civil Procedure Rules, 2002, part 62.
Civil procedure - Order for seizure and sale – whether a Default Costs Certificate may be enforced by that method, Civil Procedure Rules, 2002, rules 45.2, 64.2 (3).
Civil procedure - Order for seizure and sale - Time for issue - Civil Procedure Rules 65.12 (b).
Civil procedure - Whether an order for seizure and sale can be set aside after its execution