2022

Extensive delay satisfactorily explained – Erroneous information highly persuasive in grant of Order for substituted service – No full and frank disclosure of material facts – What constitutes reasonable efforts by an insurer to locate defendant varies – Each case turns on its peculiar facts – Court should be satisfied that contents of statement of case has come to defendant’s attention before Order can be made – Order should be set aside where reasonable efforts to locate defendant have failed – Reasonable efforts must not be so onerous as to be unrealistic to achieve – Steps taken display

Application to strike out claim – Applicant alleges no reasonable ground for bringing the claim – Allegations that Registrar of Title did not act with bona fides – No allegations of fraud made against Registrar – Whether claim against Registrar should be struck out.

Civil procedure – Application to set aside court order – Order made at a first hearing in the absence of a party – Alternative method of service – Unperfected formal order served via electronic mail – Whether the service via electronic mail constitutes proper service – Whether the service via electronic mail constitutes proper service in the absence of a rule or practice direction to that effect – Whether the application to set aside is made within fourteen days of the date of service of the order – Whether there is a good reason for the failure to attend the first hearing – Whether it is l

Application to set aside or vary order - Order was made granting leave to apply for
judicial review - Applicant not a party to claim for judicial review - Applicant not
served with application for leave - Whether order ex parte - If order not ex parte can
order be revoked or stayed by a judge of concurrent jurisdiction - Applicant asserts
interest as a party directly affected - Whether order should be varied or set aside.

Civil Procedure - Unless Order - whether unless order made against a deceased claimant is a nullity - Whether unless order took effect upon non-compliance of deceased claimant - Part 21 of Civil Procedure Rules - Whether administrator ad litem for deceased administrator’s estate should be appointed -  Rule 64.13 of Civil Procedure Rules - Wasted costs order - Whether wasted costs order should be made against claimant’s attorneys.

Evidence - Computer generated evidence - Section 31G of the Evidence Act - Evidence necessary to satisfy section 31G.

Application for relief from sanction after sanction applied –– What was the sanction which applied for failure to file witness statement in time –– When did the sanction take effect –– Whether the application was made promptly –– Whether the state of mind of the applicant ought to be considered –– Ignorance as to the true state of the law ––Whether the failure to comply was intentional –– Whether there is a good explanation for failure to comply –– Whether the claimant generally complied with orders of the court –– Witness summary –– Whether non-compliance has been remedied –– Effect of gra

Trial – False Imprisonment – Malicious Prosecution – Assault and Battery – Reasonable and Probable cause – Self Defence

Application for summary judgment - Registered land – Registered easement (road reservation) - Limitation of Actions Act - Possessory title - Whether right to road reservation extinguished.

Interlocutory injunction – Search, preservation and production order - Whether strong prima facie case required - Whether jurisdiction to prevent a libel at the interlocutory stage- Whether privilege against self-incrimination applicable – Observations on the origin of jurisdiction to grant injunctions – Costs – Whether to be apportioned – Whether certificate for two counsel to be granted.