2021

Phillips Petroleum Company Venezuela Limited and Conoco Phillips Petrozualta B V v Petroleos De Venezuela S A, Corpoguanipa S A and Pdvsa Petroleo S A

Recognition and enforcement of arbitration award - Receiver- Appointment in aid of protection of property - Principles to be applied – Property assigned - Whether applicants will be entitled to claim property during subsequent enforcement proceedings - Whether real risk of dissipation of property which is currently the subject of sanctions imposed by a third party state

Williams, Eain v Tulloch, Dotlyn

Civil Procedure - Application to file defence out of time Civil Procedure Rule (CPR) 10.3 and 26.1 - Whether an applicant is permitted to make more than one application to file defence out of time -  Res Judicata

Wright, Juliette v Palmer, Alfred and Salmon, Jason

Civil Procedure – Claim form filed shortly before the expiration of the limitation period - Application to extend the time to serve a claim form filed within the life of the claim amended application filed after the claim had expired- Whether the application can be granted where the defence of limitation has accrued.

Blackwood, Audrey v Blackwood, Ian

Property Rights of Spouses Act - Application to extend time to file a claim – Criteria by which the court is to exercise its discretion - Overarching principle is fairness

Higgins, Marlan (Executor of Estate of Egbert Higgins) v Christie, Sherman

Whether claimant authorized to initiate proceedings by himself - Whether
Agreement for Sale between deceased and defendant remained a valid agreement - Whether counterclaim statute barred. Whether executor should be made to transfer property to defendant - Whether executor entitled to mesne profit - Whether executor estopped from seeking recovery of possession.

Douglas, Steve v Armstrong, Patricia

Application to set aside default judgment – Rules 13.2 and 13.3 of the Civil Procedure Rules 2002 (CPR) – The effect of a failure to comply with rules 30.2 and 30.5(1) of the CPR – Whether to set aside the default judgment and order a trial with the counterclaim.

Palmer, Cavelle v Dayes, Mauvellette

Contempt of Court – Rule 53.10 - Whether Defendant served with Order bearing penal notice – Whether Defendant was present when injunctive order made - Whether Defendant in breach of order - Costs - Whether court’s displeasure with Defendant’s conduct may be reflected in an order for costs.

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