2020

Constitutional law - Right to a fair hearing within a reasonable time- Delay/impossibility of a judgment being delivered - Reasonable time guarantee- Remedies for breach of the section 16(2) right – Damages - Measure of damages - Whether summary assessment of the nominate torts would be an appropriate remedy – Costs - Costs thrown away – Section 16(2) the charter of fundamental rights and freedom

Contract law -  Breach of contract - Elements of a contract - Written offer - Oral acceptance - Whether letters of the Board of the defendant can be regarded as evidence of oral acceptance - Whether an enforceable contract was created.

Application for relief from sanction after statement of case struck out –- Whether the application was made promptly – Whether the claimant’s failure to comply was unintentional – Whether the claimant’s alleged impecuniosity is a good explanation for his non-compliance – Whether the claimant has generally complied with all other relevant rules, practice directions, orders and directions – Rule 26.8 of the Civil Procedure Rule

Negligence – Personal Injury – Whether 1st Defendant employee of 2nd Defendant so as to render 2nd Defendant vicariously liable – Whether Res Ipsa Loquitur applies Damages – Assessment

Negligence - Employer’s duty of care – Safe system of work - Whether there was a
breach of that duty

Judge has jurisdiction to set aside a default cost certificate for good reason - Inherent jurisdiction of court to control its process not impacted by amendments to CPR – Interpretation of definition of “clear days” in rule 3.2(3) of the CPR – Event refers to something that is scheduled to occur on a specified day and on that day only – Where the end of the period stipulated is defined by reference to an event the final day is excluded – Calculation of time period allowed for filing of points of dispute pursuant to rule 65.20(3) of the CPR – Filing of points of dispute not an event hence fi

Civil Procedure - CPR 11.6 - CPR 20.4 - CPR 26.1(2)(v) – oral application to amend relief being sought on the Fixed Date Claim Forms being made at the hearing of the claims.
Civil Procedure - CPR 21.7 - CPR 21.8 - interpretation - whether rules applicable in the Parish Courts - court’s jurisdiction to appoint representative party or give directions to continue proceedings initiated in the Parish Court.
Law Reform (Miscellaneous Provisions) Act - section 2(1) - section 2(3) - limitation period - subsistence of actions in tort against estate of deceased.

Appeal from the Revenue Appeals Division - General Consumption Tax Act - Income Tax Act - assessment raised by Commissioner General after tax payer filed returns - burden of proof.
Direct verification of Income and Output Tax - duty of taxpayer to keep and produce complete and accurate records - unreliability of sales invoices as the direct verification method of the taxpayer’s Income and Output Tax - unreliability of bank deposits alone as a method of verification of taxpayer’s Income and Output Tax.

Application for claims to be heard on same occasion or before same Judge – Civil Procedure Rules, 2002 (“CPR”) Rule 26.1 (h) – Whether claims could conveniently be tried together – Similar issues of fact and law between claims.

Civil procedure - Application for summary judgment – Civil Procedure Rules, 2002, rule 15.2
Civil procedure - Application to strike out claim – No reasonable ground for bringing the claim – Civil Procedure Rules, 2002, rule 26.3(1)
Air Law – Claimants removed from the aircraft - Whether the claim falls under the Montreal Convention – Montreal Convention, articles 1, 2,17 and 29