2019

Injunction - Principles to be applied - Applicant not registered legal owner but executed an agreement for sale with a third party – Whether there should be payment into court by mortgagor under ‘Marbella principle’ - Exceptions to applicability of the principle – Whether sending of cheque to Mortgagee amounts to an appropriate payment or other security.

Civil Procedure - Application to set aside default judgment and for permission to file defence out of time - Civil Procedure Rule 13.3

Earlier claim struck out arising from breach of unless order – Whether subsequent claim made on same basis as earlier claim is an abuse of process – Constitutional rights of access to court for resolution of disputes – Need for there to be appropriate use of the court’s limited resources – Proceeds of crime case – Need for party in default of compliance to file affidavit evidence

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules.
Civil procedure – Whether rule 6.8 applies to the claim form – Whether it would be appropriate to dispense with the service of the claim form.

Family Law — Section 13 of the Property (Rights of Spouses) Act - Fixed Date Claim Form filed seeking division of matrimonial home and an extension of time to make claim out of time - No separate Application filed seeking an extension of time -
Validity of Fixed Date Claim Form.

Civil Procedure – Whether the judgment creditor can seek to enforce the judgment debt owed to it by the judgment debtor by seeking to have the provisional charging order made final in light of the judgment debtor’s having been declared bankrupt – Whether an application for the annulment of a certificate of assignment can be made orally – Whether a certificate of assignment can be annulled on the basis that the conduct on the part of the judgment debtor amounts to an abuse of process – Whether the conduct on the part of the judgment debtor amounts to an abuse of process – Whether the certifi

Will – Construction – Testamentary intention – Rectification of wills – Court is requested to interpret and make orders regarding unclear or inconsistent provisions under a will – Whether inventory and account regarding management of estate should be provided by defendants – Effect of power of attorney - Delay – Laches.

Agency - Whether Attorney-at-law held out as agent of company
Contract – Nature of contract - Whether loan or contract for sale of land with option to purchase
Company law – Duty of care owed by nominee director
Real Property - Whether purchaser who registered his legal interest had knowledge of fraud by agent of vendor

Assessment of damages – Personal injury – Defence limited to quantum – Loss of earnings – Future medical expenses – Loss of future income.

Fatal Accident – Whether Defendants liable for death of minor – Whether Claimants are dependents under the Fatal Accidents Act – Whether near relations entitled to recover reasonable actual loss – Whether Claimants can recover for loss of future earnings and loss of expectation of life under the Fatal Accidents Act.