2022

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

Application to set aside default Judgment – Service on limited liability companies – CPR 5.7, CPR 13.2 and CPR 13.3

Application – Costs in the claim to successful defendant – striking of claim – Abuse of process of the court – Stay of duplicate claim until costs paid – Wasted costs – CPR 26.2, 26.3, 37.6, 64.6, 64.13 and 64.14

Pleadings – Amendment to pleadings – Substitution of parties – Whether claimant changed her status as one party to another party – Whether claimant’s change in status is the same as substitution of a party – Whether claimant permitted to substitute a claimant under the general provisions relating to amendment of statement of case before a Case Management Conference.
Pleadings – Amendment to pleadings – Relation back principle of amendments to pleadings – Whether amendment to sue as administratrix renders entire claim a nullity.

Application to strike out claim - Building contract - Arbitration agreement - Neither party now seeks arbitration - Whether reference to arbitration time barred-Whether court has jurisdiction to try the issue – Earlier claim filed but not served and now expired-Whether an abuse of process to bring another action - Observations on attaching documents as a schedule to affidavits.

Application for summary judgment/striking out of statement of case - Sale of land - Registration of Titles Act - Fraud - Position of a bona fide purchaser for value without notice

Equity - Constructive Trust - Purchase of land – Construction of house – Conduct of parties

Negligence - Contributory negligence

Negligence – Contributory negligence

Statutory Duty – Extent of duty to maintain – Whether limited to repairs of existing system – Whether includes replacement of obsolete system – Breach of Statutory Duty – Defence of necessity