2021

Application for recovery of possession – Request for indemnity – Procedure for bringing an action for indemnity – Manner in which proceedings for possession of lands should be instituted.

Civil Procedure - Application for interim injunction and for disclosure -  CPR 17 and CPR 28.6 and 28.7

Application for Interim Spousal Maintenance – Whether Threshold Finding can be made – Maintenance Act, 2005 Sections 6, 14(4) and 5(2) – No longer Cohabitating Partners

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