2020

Real Property – Civil Procedure Rules 10.5, 10.7 – No case submission - Joint
tenancy – Severance of joint tenancy – Requirements to sever joint tenancy –
whether claimant has made out a prima facie case - Whether joint tenancy severed
by incomplete transfer.

Division of property – Variation of court order  – Liberty to apply

Civil Procedure - Application to set aside judgment entered after statements of case struck out - Whether CPR 26.6 is applicable to a judgment entered by the court after non-compliance with an unless order for attendance at adjourned Case Management Conference - CPR 26.8 - Application for relief from sanctions - Whether application complete without filing of affidavit evidence - Effective date of making of application – Whether application for relief was promptly made.

Civil procedure – Application for permission to amend statement of case – Whether claims to seek damages for breach of contract, and alternatively, damages on a quantum meruit basis amount to new causes of action – Whether additional claims are statute barred – Rules 20.4 and 20.6 of the Civil Procedure Rules, 2002, as amended.

Civil procedure – Application for security for costs – Whether the court should order the claimants to pay security for costs – Part 24 of the Civil Procedure Rules, 2002, as amended.

Civil procedure – Enforcement of Money Judgment – Application for Provisional Charing Order to be made final – Whether judgment debtor has demonstrated that there are good grounds for not making a Final Charging Order – Rule 48.8 of the Civil Procedure Rules, 2002, as amended.

Contract – Breach – Whether contractors completed work required by the contract
Civil Procedure – Disclosure - Consequences of failure to disclose directly relevant documents - Whether adverse inference can be drawn against party who has failed to disclose directly relevant documents Evidence – Whether pre-action admission in writing by counsel admissible

Personal Injury – damages for assault and battery – Claimant inured while in custody – Traumatic brain trauma – Neurological damage resulting in weakness to right side and slurred speech – Claiming special damages, loss of income, general damages for pain and suffering and loss of amenities, disability on the labour market, psychiatric injury – Exemplary damages

Admiralty law - Judicial sale – Application by the previous owner for payment of the remainder of the proceeds of sale – Shipping Act, sections 89(2)(c) and (d) - Civil Procedure Rules, 2002, rule 70.13 (9)

Evidence – Witness summons and witness summary issued by a party for an opposing party – Validity of witness summons – Application to strike out witness summary – Application to strike out portions of the claimants’ statement of case on the basis that it is a collateral attack on a previous decision of the privy council – Civil Procedure Rules, rules 29.6 (3), 33.2, 33.3(4) and 33.3(5)