2021

Civil Procedure - Application to strike out claim form – Section 2 of the Law Reform (Miscellaneous Provisions) Act – Limitation Period – When does time begin to run for claims brought against a defendant on behalf of an estate – CPR 26

Assessment of damages – Negligence – res ipsa loquitur – Contributory negligence – Duty of care – Pain and suffering – Loss of amenities – Motor vehicle collision – Personal injuries proved – Expert’s report

Constitutional Law – Whether breach of constitutional rights – Right to equitable and humane treatment by public authority – Right to enjoy healthy and productive environment – Right to protection from torture, or inhuman or degrading punishment – Whether claimant provided with access to life-saving food and medication, meals and medication in a timely manner and adequate access to medical and dental care.

Claim for entitlement in property - Property (Rights of Spouses) Act, S. 2, 6,7,10,12,13  and  14 -  Family home - Equal share rule - Displacement /varying of the equal share rule 

Claim for conversion and detinue – Distinction between conversion and detinue – Remedies available in conversion and detinue – Whether the defendant received all of the disputed items – Which of the disputed items, if any, the defendant received, as gifts – Whether the defendant entered into a contractual agreement with the claimant to supervise the construction of the claimant’s house – Whether the defendant purchased and shipped any of the disputed items – Measure of damages for conversion and detinue – Quantum to be awarded as special damages to the claimant – Making of an award for loss

Claim for declaration of entitlement to property by ‘Adverse Possession’

Constitutional law – COVID-19 vaccination policy – Breach of constitutional rights under Charter of Fundamental rights and Freedoms (Constitutional Amendment) Act, 2011 –– Whether court should exercise or decline jurisdiction under section 19 of the Charter of Fundamental Rights and Freedoms – The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13(1)(c), (3)(a), (b), (j)(ii), (p) and (s), sections 17 & 19.

Civil Procedure – Application to strike out ancillary claim and ancillary particulars of claim for improper procedure – Whether nullity or procedural error - Issue estoppel - application to strike out amended defence after the limitation period – Civil Procedure Rules Parts 18, 20 and 29.

Assessment of Damages – Degloving injuries to both legs, fracture injury to left
tibia and fibula - Amputated left leg above knee -  PPD 85% of relating to the leg –
Handicap on the Labour Market – Future Loss of Earnings – Future Prosthesis.

Division of matrimonial property - Property (Rights of Spouses) Act - Claim for 50% share in property - Parties separated - Application brought more than twelve months after date of separation - No extension of time granted - Whether claim can proceed under section 13 of the Property (Rights of Spouses) Act - Whether section 11 applies - Whether rules of common law and equity apply