2021

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

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.

Civil Procedure – Wasted Costs Orders – CPR 64.13 and 64.14

Application to modify restrictive covenants – Whether covenant obsolete – Whether the existence of the covenant impedes the reasonable use of the land – Whether modification injures the persons entitled to the benefit of the restriction

Injunction – Constitutional claim - COVID-19 vaccine policy – claimants are employees of defendants – whether Polymerase Chain Reaction (PCR) testing breaches contract of employment – whether breach of constitutional rights under Charter of Fundamental Rights and Freedoms - whether court should exercise or decline jurisdiction under section 19 of the Charter of Fundamental Rights and Freedoms – whether law of contract can provide an adequate alternate remedy – whether Charter rights are of horizontal application - Civil Procedure Rules – Rule 26.1(1)(k), sections 13 and 19 of The Charter of

Motion Hearing – Application for Contempt of Court – Application for re-enlistment in the JCF– Absence of Penal Notice in Formal Order – Powers of Court on Application

Civil Procedure - Application for specific disclosure - Claim under the Property (Rights of Spouses) Act - Rule 28.16 of the Civil Procedure Rules - whether documents which are sought to be disclosed are directly relevant to the claim.