2022

Security for costs – Claimant ordinarily resident outside the jurisdiction – Factors to be considered – Part 24 of the Civil Procedure Rules.

Civil Procedure - Application for Summary Judgment on a FDCF – Summary
Judgment – Whether court can correct error in Application – Application to Strike
Out

Civil Procedure – Mediation – Withdrawal of Mediation Agreement – Application for
order in terms of a confidential agreement.

Validity of Claim Form - Whether Amended claim form takes life from the claim form – When service is irregular does that bring the matter to an end – Does failure to serve Form Defence with claim form nullify the claim – CPR 8.16

Considerations for an Injunction -  Section 155 Registration of Titles Act -  Requirements of Land Surveyor’s Act -  Fraudulent Vesting Application

Civil Practice & Procedure - Application to Dismiss Claimant’s Case for Want of Prosecution – Rule 26.3 of the Civil Procedure Rules – Rule 26.1 (2) (v) of the Civil Procedure Rules – Court’s Overriding Objective – Rule 1.3 of the Civil Procedure Rules

PROSA - Applicability if Rule 8.8 not complied with. Section 13(2) of PROSA

Custody Application - Claimant migrating - Order to have children medically examined - children named as non-accompanying family members.

Negligence – Medical negligence – The duty of care owed by a medical practitioner to a patient – Breach of the duty of care – Causation – Foreseeability of damage – Remoteness of damage
Damages – Tenderness to the right lower abdomen – Indication of bacterial infection – Localized free air outside the bowel – A sentinel loop of bowel – Perforation of the sigmoid colon resulting from prior colonoscopy – Quantum of damages

Civil Procedure – Application to have affidavits stand as filed – Affidavits filed in support of an application for leave to apply for judicial review – Whether those affidavits filed at the leave stage can be utilized in the judicial review proceedings – Whether the failure to file a supporting affidavit invalidates the fixed date claim form – Whether the failure to file a supporting affidavit is an irregularity – Whether the irregularity can properly be regularized by the court – Whether the affidavit evidence is relevant to the just disposal of the judicial review proceedings – Civil Pro