2022

Civil Practice – Application to vacate committal order - Defendant company judgment debtor - Order for payment made against company - No enquiry into assets of company or its ability to pay – Whether jurisdiction to make committal order against director.

Civil Practice - Appointment of expert witnesses - Disclosure of documents -Whether expert has to be independent - Whether expert qualified by experience -Whether two experts to be permitted to give evidence on same issue - Whether real likelihood of bias - Whether documents requested directly relevant – Observations on meaning of “legal vacation”.

Company Law - Derivative action - Application to have company pay costs of derivative action - Application to strike out or stay derivative action – Whether matter of costs discretionary - Whether fair and just - Whether court having granted permission to bring claim an application for summary judgment is maintainable - Whether company articles permit an indemnity to directors - Whether section 201 of Companies Act prohibits indemnity.

Security for costs – Part 24 of the Civil Procedure Rules – Company incorporated outside the jurisdiction – Counterclaim- Crabtree Tree Principle.

Application for injunction – Whether serious issue to be tried and damages an adequate remedy – Validity of Notices to Quit served – Expired lease with holding over Clause for premises exempt under the Rent Restriction Act – Whether a Landlord had a right after determination of a tenancy for exempted premises can use self-help to retake possession of rental premises.

Interlocutory injunction - Mandatory effect – Defendant (bank) froze Claimant’s (a customer) accounts – Claimant’s business in jeopardy - Breach of contract - Whether reason advanced justifies breach - Whether speculation as to possible breach of Proceeds of Crime Act a sufficient justification.

Assessment of damages - Fixed term lease terminated – Land owned by the state – Land Acquisition Act – Improvements – Fixed assets – Crops – Measure of damages – Other occupants – Whether cost to evict should be borne by tenant – Whether issues related to liability relevant when assessing damages.

Trial as between the claimant and the 3rd and 4th defendants – Assessment of damages as between the claimant and the 1st and 2nd defendants - Road traffic accident – Road intersection controlled by traffic lights, collision at intersection, presumption that lights are working properly - No cases submission – Failure of

defendant to certify defence to be true – Contributory negligence as between defendants

Assessment of damages – Long oblique fracture of the lateral malleolus – Small fragment fracture of the medial malleolus – Pain to the neck – Soft tissue injuries to hip and chest