2019

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.

Land Dispute – Three properties merged into one – Land brought under the Registration of Titles Act – Whether title obtained by fraud – Whether claim is statute barred – Adverse possession – Limitation of Actions Act – Registration of Titles Act (RTA), ss. 42, 68, 70, 71, 153, 158, 161 & 168.

Negligence - Motor vehicle accident – Motor car and pedal cyclist - Credibility of parties – Whether Claimant contributorily negligent - Damages - Assessment - Personal Injury.

Trial in Chambers — No dispute of facts — Performance Bond — Defendant not a
party to the Performance Bond — Defendant provided title to land as security for
the Performance Bond — Whether deposit of title created equitable mortgage.

Civil Procedure - Application to set aside default judgment and for permission to file defence out of time - Civil Procedure Rule 13.2 and 13.3

Contract - Promissory note – Defences to claim on promissory note – Whether defence of set-off possible on counterclaim

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.