2021

Civil Procedure - Application for extension of time to file claim under Section 4(2) of the Fatal Accidents Act - Application for permission for claim form and particulars of claim filed out of time to stand - Application to strike out claim  - Alternatively, application to file defence out of time - CPR 26.4 and 26.8 and 10.3(9).

Damages for Personal injuries - Expert medical report for post recovery status not available

Inactivity and delay in prosecuting claim - Dismissal for want of prosecution and abuse of process

Civil Procedure - Application to strike out claim for an abuse of the process of the Court - Application for an extension of the validity of the claim form - The impact of a Notice of Discontinuance - Whether the hirer under a rental car agreement is vicariously liable for the negligent acts of the hiree of the rental car – CPR 26.3(1)(b), CPR 8.15(1). CPR 37.7

Sentence: Plea – Guilty – Larceny as a servant (3 counts) – Breaches of Section 4(1) of the Cybercrimes Act (3) counts –Breaches of the Proceeds of Crimes Act (7) counts

Sections 4, 5, 6 and 7 of The Inheritance (Provision for Family and Dependants) Act  - Whether grandchildren are applicants under the Act – The factors which the Court must consider in exercising its jurisdiction.

Injunctions - Interlocutory - Restraint on mortgagee’s power of sale - Whether there are serious questions to be tried - mortgagor denies executing restructured debt agreement - dispute as to applicable interest - concluded agreement for sale between mortgagee and third party - whether evidence capable of finding at trial of bad faith on part of mortgagee in entering into agreement - balance of convenience - Marbela principle exceptions.

Application for sale of land – Whether basis to refuse application - Hardship - Non disclosure of existing creditors – Whether jurisdiction to order sale and jurisdiction to make charging order separate and distinct - Whether Order to be suspended.

Civil Procedure - Application to strike out claim for want of prosecution CPR 26.3(1)(b)

The Notice of Application for an interim injunction was refused. Upon the delivery of an oral judgment counsel on behalf of the Applicant and the Respondent requested that the reasons be reduced to writing.