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.
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.