2019

Remedies - Enforcement of Judgment - Application to vary ex-parte provisional charging order - Whether property can be subject of order
Company Law - Lifting the corporate veil - Principles to be applied.
Legal Profession - Whether bill of costs is the proper procedure to make a claim based on quantum meruit - Restitution - Procedure to be followed in making a quantum meruit claim based on unjust enrichment.

Claim for damages for negligence – Occupiers’ liability – Application to strike out claim – application for summary judgement – Ancillary claim – Application to strike out – Distinction between application for summary judgment and application to strike out claim on the ground that the claimant’s statement of case discloses no reasonable grounds for bringing a claim – Distinction between application for summary judgment and application for default judgment – Ancillary claimant’s statement of case not verified by a certificate of truth – Whether ancillary claimant’s statement of case should b

Statutory Interpretation - International carriage - Passenger sustaining injury at airport terminal when descending stairs on way towards aircraft - Whether Montreal Convention 1999 applicable - Carriage by Air (Montreal Convention) Act - Civil procedure - Summary judgment and striking out - Principles to be applied

Land law - Recovery of possession – Adverse possession – Whether claim filed after expiry of limitation period – When does right to bring claim accrue – Whether claimants dispossessed defendant – Whether defendant in legal possession of property - Limitation of Actions Act ss. 3 and 30. Registration of Titles Act ss. 68 and 88.

Contract - Whether for sale of goods or on consignment - Unsold goods - Whether promise to purchase unsold goods - Whether duty of care to safely pack before shipping and return - Whether duty discharged by retaining a shipping agent.

Applicability of Account Agreements – Generally, later contracts rescind or vary previous contracts in relation to the same subject matter – Most recent Agreement applicable – No basis to have recourse to the common law – Implied Plea of non est factum – No duty to explain effect of Agreements – Fraudulent cheques containing forged signatures – Account debited based on the payments on fraudulent cheques – Alleged breach of contract – Express provisions covering customer’s duties – Effect of forgery clause – Forgery clause neither unreasonable nor ambiguous – Scope of verification/conclusive

Application to set aside default judgment – Rule 13 of the Civil Procedure Rules (CPR) – Whether application for relief from sanctions under rule 26 of the CPR is required – Requirements to set aside default judgment – Real prospect of success in defending claim is foremost consideration – Applicant must have an affidavit of merit – Waiver of affidavit of merit possible only in exceptional circumstances – Applicant must have acted promptly and have a good explanation for failure to comply – Court still has discretion to set aside judgment where application not prompt and there is no good ex

Building contract - Quantum meruit – Question of compliance with sound building practices – Claim of defects in construction.

Disclosure – Unless order – Whether there has been compliance – Application for security for costs – Rules 28 and 24 of the Civil Procedure Rules 2002.

Claim for 50% share in home and other properties – Parties unmarried – Whether claimant is spouse – Whether parties separated – Whether limitation period applies – Property (Rights of Spouses) Act ss. 2, 4, 6, 7, 11 & 13.