2021

Tort  Passing Off – Continuous user of name – Ownership of name - Ownership
of goodwill – Secondary meaning of name – Whether misrepresentation in use of
name – Damage – Remedies. Companies Act section 107.

Application for Leave for Judicial Review - Whether there is a discretionary bar of delay - Whether time begins to run from the date of the decision/order or from the date of service of the notice of the decision. No application for extension of time - Whether the Court can on its own motion grant an extension of time.

Application to substitute a Defendant – Whether Rule 19.4 allows substitution after the limitation period has expired

Constitutional law – Breach of right to a fair trial within a reasonable time – Delay
in judgment being delivered – Impossibility of judgment being lawfully delivered
the Judge having retired – Whether a retrial ought to be ordered – Burden of
proof as regards whether a retrial ought to be ordered – Remedies – Whether
compensation ought to be awarded to the claimant as damages arising from the
breach – Assessment of sum to be awarded – Whether award can include
damages and costs in original claim – Charter of Fundamental Rights and

Civil practice and procedure - Interlocutory injunction - Application to restrain the
mortgagee from exercising power of sale under mortgage - Whether mortgagee
acted in bad faith - Whether damages is an adequate remedy - Whether the
applicant is entitled to Injunctions in circumstances of this case.

Sentence: Plea – Guilty – Murder (2 counts) – Illegal possession of firearm

Assessment of Damages – Trespass and wrongful use of land – Claim for mesne profits – Claimant seeking restitutionary damages – Claimant seeking sum equivalent to the profits made by the defendants through the use of land – How to quantify the measure of damages.