2019

Application for Injunction to restrain recovery of debt - Letters of Commitment – Loan Facility secured by Bills of Sale and Mortgages – Whether real issues for trial- Whether damages an adequate remedy – Application of Marbella principles.

Property (Rights of Spouses) Act 2004 – Parties names on title as tenant-in-common- Amendment to Fixed Date Claim Form - Interest in property - Equity.

Negligence – Motor vehicle accident – Claim for personal injuries – Ancillary Claim for repairs to motor vehicle – Damages – Assessment

Civil Procedure – Application to set aside Default Judgment – Rules 13.2 and 13.3(1) and (2) – Misdescription of address – Defence of Merit – Servant or Agent.

Civil procedure – Claim form filed close to the expiration of limitation period – Application to extend the validity of the claim form filed within life of the claim form – Whether all reasonable steps taken to serve claim form – Whether it is appropriate to extend validity of the claim form after claim became time-barred – Rule 8.15(4) of the Civil Procedure Rules – Considerations for the Court.

Civil Procedure – Application by insurance company to set aside order for service by a specified method and application to set default judgment aside –Unsigned and unsealed copy of Court order served with the claim form – Sealed copy of Order served after the expiration of the six months’ extension permitted by Rule 8.15(2) of the Civil Procedure Rules – Order appearing to extend the validity of the claim form for a period longer than six months – What is required in making an application for a second extension – Whether default judgment irregularly obtained – Rule 13.2 of the Civil Procedu

Civil Procedure – Application by insurance company to set aside order for service by a specified method – Considerations for the Court.

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form – Rule 8.15(2) of the Civil Procedure Rules.