2021

Civil Practice and Procedure - Application to file defence out of time – Rules 10.3 and 26.1 of the Civil Procedure Rules – Overriding Objective – Rules 1.1 and 1.2 of the Civil Procedure Rules

Application for Interim Injunction – Whether an ordinary claim is really a claim for judicial review – Is there a serious question to be tried.

Judicial review - Application  - The Civil Procedure Rules R. 56.1(1)(a),  (c)(2), 56.2(1), (2)(a), 56.3(1) (2) (3) (4). 56.4(1)(4)(8)(9)(10)(11)(12), 56.5, 56.6(1) - Test for leave - Test for apparent bias - Conflict of interest - Fundamental right to a fair hearing - Section  16 - Charter of Fundamental Rights and Freedom of Constitution

Civil – Interim Payment – Damages for Personal Injury – Time within which defendants to file response to application for interim payment

Constitutional law – COVID-19 vaccination policy – Breach of constitutional rights under Charter of Fundamental rights and Freedoms (Constitutional Amendment) Act, 2011 –– Whether court should exercise or decline jurisdiction under section 19 of the Charter of Fundamental Rights and Freedoms – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(1)(c), (3)(a), (b), (j)(ii), (p) and (s), sections 17 & 19.

Assessment of Damages – Motor vehicle accident - Degloving injury.

Application to enter default judgment - Application to strike out claim or alternatively for extension of time to file defence - Preliminary objection - Rule 21.7 of the Civil Procedure Rules - Whether claim which was commenced after the death of the defendant without a personal representative for the deceased’s estate being appointed is valid - Whether representative for deceased defendant’s estate can be appointed under rule 21.7 after the filing of the claim.

Civil procedure - Application to strike out claim - Whether second action an abuse of process - Whether same issue being relitigated - Whether second action amounts to harassment.

Civil Procedure - Rule 13.3 of the Civil Procedure Rules - Setting aside of default judgment - Whether default judgment entered against a party who was not named but who filed an acknowledgment of service admitting to service and intending an intention to defend the claim should be set aside - Whether the default judgment should be varied for entry against the named defendant where the named defendant did not file acknowledgment of service or defence - Rule 13.3 - Whether the default judgment for specified sum should be varied