2021

Whether safe system of work – Negligence – Whether Claimant contributorily negligent – Whether cause of accident inevitable – Whether Second Defendant vicariously liable – Credibility of witnesses – General damages principles – handicap on the labour market – Costs of future medical care.

Application to set aside default judgment obtained for failure to serve claim - Expiry of claim form prior to purported date of service - Issue not raised by the defendant - Whether court entitled to set aside on its own motion. Conflicting evidence as to service - Whether defendant was served - Whether default judgment should be set aside.

Negligence – Motor vehicle accident - Effect of a previous conviction on civil
proceedings – Personal injuries – Damages - Wasted Costs - Ancillary Claim Form
not filed/Waiver - Contributory negligence - Absence of parties

Civil Practice and procedure - Conduct which is oppressive or unduly prejudicial or unfair – Section 213A of the Companies Act – Summary judgment – Rule 15.2 of CPR – Beneficial interest in shares – Whether Buy Out Order appropriate.

Application for Summary Judgment – Claim for recovery of possession- Whether defence has real prospect of success - Whether 1st Defendant (an attorney at law) owed fiduciary duties to Claimant  - Whether breach of duty - Whether Defendants have real prospect of establishing a proprietary or other estoppel to prevent recovery of possession.

Application for summary judgement and to strike out - Building contract - “No assignment” clause - Whether 2nd Claimant lawfully assigned contract to 1st Claimant - Whether Defendant waived no assignment clause - Whether 1st Claimant entitled to claim in name of 2nd Claimant by subrogation - Whether claim has no real prospect of success.

Order for security for costs in the form of an unless order - Whether order in that form is permitted by the Civil Procedure Rules - Judgment entered after non-compliance with order 

Applicafion for relief from sanction - Principles to be applied 

Injunction - Principles to be applied
Breach of fiduciary duty - Principles to be applied - Whether maintainable against former director

Wrongful interference with contractual relations and procuring breach of contract – Distinction and principles to be applied
Breach of Confidence – Principles to be applied
Consent order – Whether real contract - Circumstances in which party may be permitted to withdraw consent