2019

Claim for damages for breach of contract and/or negligence – Whether claim under both heads can properly be pursued – Contract for architectural services regarding office renovation project – Separate contract for construction services regarding office renovation project – Implied terms– Whether 1st defendant should be held personally liable for negligence – Scope of duty of care owed by architect to claimant – Whether 3rd defendant owed duty of care to claimant to carry out any of the duties particularized in the claimant’s second further amended particulars of claim – Ancillary Claims.

Striking out - No reasonable prospect of success – Noncompliance with court orders – Indefeasibility of title

Civil Procedure - Application to allow claim filed outside of the limitation period to stand – Fatal Accidents Act - Application for Summary Judgment and to strike out claim brought under the Fatal Accidents Act after the 3 year limitation period had passed.

Civil Procedure – Application to extend the validity of the Claim and for service by a specified method – CPR Part 8

Marital property dispute - Service of claim documents on defendant overseas - Whether claim is statute-barred - Practice and procedure - Mandatorily expressed provisions of Civil Procedure Rules (CPR) - Interpretation - Applicability of Rule 26.9 of the CPR - Dispute as to Court's jurisdiction to try claim.

Civil Procedure - Application to strike out claim for non - compliance with Court Orders and for abuse of Court process - Civil Procedure Rule 26.

Assessment of damages - Pain and suffering and loss of amenities - Loss of earning capacity - Whether claimant has adduced sufficient evidence for an Award.

Landlord and Tenant - Whether surviving tenants in common can claim for rent against a tenant after the death of a co-tenant in common who had put him in occupation pursuant to an oral rental agreement.

Real Property - Registration of Titles Act - Whether a power of attorney with a certificate of attestation pursuant to the seventeenth schedule of the Registration of Titles Act which bears a false declaration is valid for purposes of enabling the donee of the power of attorney to transfer the interest of the donor.

Injunction – Principles to be applied - Whether there is a serious issue to be tried of infringement of copyright and/or the tort of passing off - Trade marks – Whether mark confusingly similar to registered trade mark – Principles to be applied in assessing similarity