2021

Civil Procedure - Application to file amended defence and issue counterclaim after Case Management Conference - Facts supporting counterclaim are such that main relief is an administrative order to check the exercise of a statutory public duty - Knowledge of the result of the exercise of public duty for approximately 3 years - Adjourned trial imminent - Considerations.

Civil Procedure Rules (CPR) 39.6 - Application to set aside order made in the absence of a Defendant after trial - What is a reasonable explanation for the Defendant’s absence at trial - Whether reasonable steps taken by Counsel to notify the Defendant of the trial date.

Default judgment - Applicaiton to set aside judgment entered in default of defence - Test to be satisfied - What is a reasonable prospect of success.

Insolvency – Application to Appoint Receiver – Judgment creditors unpaid – Whether Respondent “ceases to meet liabilities generally as they become due” – Whether act of bankruptcy occurred within 6 months immediately preceding filing of claim - Whether continuing act of bankruptcy – Whether claim form properly constituted – Whether Applicant in liquidation at time claim filed – Whether claim therefore null and void and to be struck out- Interim Receiver’s report – Whether evidence of fraudulent preference – Whether court to act at this stage.

Family - Children (Guardianship and Custody) Act - Maintenance Act - Jurisdiction to grant interim order for maintenance of children pending determination of substantive claim for their custody and care and control.

Civil Procedure - Executors not parties to proceedings - Whether relief in the nature of administration claims can be sought and granted if pursued by way of Notice of Application for Court Orders in existing proceedings concerning the estate to be administered by executors.
Interpretation - Section 13(2) of the Trustees, Attorneys and Executors (Accounts and General) Act.

Sentencing after trial- Section 20 1(b) of the Firearms Act- Illegal possession of firearm- Illegal possession of ammunition

Motor vehicle accident - Negligence - Breach of duty of care - Assessment of damages - Special damages - Medical expenses - Whether the claimant is entitled to claim portion of expenses paid by his Health Insurance - Future medical expenses - No mention of this item in the particulars of claim or the claimant’s evidence - First time it is mentioned is in the supplemental submissions - Whether the Claimant is entitled to an award - General damages - Pain and suffering and loss of amenities - Handicap on the labour market.

Expert Evidence - Part 32 of the Civil Procedure Rules (CPR) - Whether questions posed to expert clarifies a report- Part 26 of the CPR- Case Management Powers

Judicial review – Application for leave to apply for judicial review – Threshold test: Whether the applicant has an arguable case for judicial review with a realistic prospect of success - Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principles of illegality and irrationality – Whether statutory authority acted illegally and irrationally - Duty to give reasons – Whether the decision of the statutory authority should be set aside for failure to give reasons