2022

Presumption of Death - Law of Persons - Continuous absence for seven years - Exposure to special peril/danger - Discretion of the Court - Factors to be Considered.

ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Fracture of right femur – Fracture of right radius – Ligament damage – Limb length Discrepancy – Loss of income and allowances – Proof of specific damages.

Application for relief from sanctions and application to strike out – Primary considerations – Good reason – Consequences of failure to comply with 29.11(2), rule 16.2 (4) defendant’s right to make submissions – Rule 12.13.

Application for Interim Injunction – Factors to be considered in granting Interim Injunction — Serious issues to be tried-Whether damages are an adequate remedy – American Cyanamid test

Civil Practice & Procedure - Application for interim inunction – Requirements for the grant of an interim injunction – Part 17 of the Civil Procedure Rules 2002, as amended – Trademark infringement under section 9 (3) of the Trade Mark Act – Likelihood of deception or confusion– Unfair advantage and detriment to distinctive character and reputation – Passing off

Application to commit for contempt - Whether applicants complied with requirements of Part 53 - Whether the application should have been commenced by Fixed Date Claim Form - Whether respondent bound by order of the court - What order is appropriate.

Application for extension of time to file defence - Application for default judgment to be entered - Rules10.3(9), 12.1, 12.5 and 13.4, 26.1(2) (c) of the Civil Procedure Rules - Lengthy and inordinate delay - No good reason provided - Good and arguable defence

Amendments to a Fixed Date Claim close to the trial date -  CPR 20.4 and the exercise of the court’s discretion, the considerations to be made when granting an amendment - The scope of declaratory relief - Whether declaratory relief is executory.

Summary judgment - Rear end collision - Admission of negligence - No admission of causation - Denial that the claimant was involved in the collision - Denial that the minor collision caused any injury or loss - Whether court should enter summary judgment.

Judgment on admissions - Admission is to come from defendant and must be in clear terms.