2021

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

Amendments to Fixed Date Claim Form after Case Management Conference – Civil Procedure Rules 20.4 and 1.1 – New Cause of Action – Constitutional Claims – Charter of Rights 13(3)(h) – Whether Charter of Rights applies to Companies – Section 9 of Natural Conservation Authority Act – section 2(2) of the Natural -
Resources (Prescribe Areas) (Prohibition of Categories of Enterprise, Construction and Development) Order, 1996.

Factors to consider in the division of matrimonial property other than the family home - Whether the Court should grant relief where the Claimant has abandoned her claim -The Maintenance Act – Claim for maintenance made against a Company

Application to set aside default judgment – Whether the defendant was served with originating documentations – Default judgment allegedly irregularly entered – When did the defendant became aware of the default judgment – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success

Negligence – Duty of care - Motor vehicle accident – Passenger injuries

Property Rights of Spouses Act Sections 6 and 7 – Division of Matrimonial Home – Exceptions to the equal share rule – The factors that the court may consider in determining whether the equal share rule is to be varied.

Civil practice and procedure - Interlocutory injunction - Whether there is a serious issue to be tried - Balance of inconvenience - Whether damages is an adequate remedy.