2022

Medical Negligence – No evidence on behalf of the Doctor who performed the procedures – What is the duty of care owed to a patient by a person who holds himself out as a specialist – Damages

Application to strike out /or in the alternative to enter summary judgment – Delay
of Two Years for the hearing of the application – Request for adjournment refused
– Breach of Contract – Statute of Limitations for matters involving contract.

Judicial Review – Section 9 of the Education Act – Section 7 of the Schedule to the Edna Manley College for the Visual and Performing Arts Scheme (Approval) Order – Regulation 55 of the Education Regulations – Illegality – Procedural Impropriety – Bias

Civil Procedure- Application to strike out Claimant's statement of case - Rule 26.3 (1) - Whether there are reasonable grounds for bringing the claim - Abuse of the process of the court - Whether there are reasonable grounds for bringing or defending the claim - Res judicata - Non-compliance with court order

Sections 55, 56, 57, 58, 84, 85, 86, 87 and 89 of the Proceeds of Crime Act - Rules 8.3 (1), 10.8, 10.9, 10.10 of The Judicature (Supreme Court) (Proceeds of Crime) Rules, 2021 - Parts 10 and 12 of the Civil Procedure Rules, 2002- Application for Leave to Enter Judgment in absence of Defence - Civil recovery orders- Recoverable property - Unlawful conduct - Default judgment

Application to strike out Claim – Failure to serve Claim Form within the six-month period – whether the Claimant had the authority to accept service on behalf of the Defendant – whether the Claim Form was effectively served on the Defendant giving rise to entry of Default Judgment – whether Default Judgment can properly be entered against the Defendant – whether the claim ought to be struck out for failure of service. Rules 5.7, 7.5, 8.14(b), 8.14(1): 8.15(1), (2), 8.15(3); 10.3(1), 12.4; 12.5, 12.7; 26.3(1)(a) and 26.3(1)(b) of the CPR as amended.

Civil Procedure Rules – Application for summary judgment pursuant to Rule 15.2(a) – Application to strike out statement of case pursuant to Rule 26.3(1)(c) – Whether the Claimants have a real prospect of succeeding in the claim – Whether the Claimants’ statement of case discloses any reasonable grounds for bringing claim – Whether CPR r. 15.3(c) and r. 8.1(4) apply.

Division of Matrimonial Property - Property Rights of Spouses Act - Section 2 (1), 6 (1) and a, 7 (1) of PROSA - Application for a declaration of entitlement to property - Claim for 50% share - Exceptions to the equal share rule - Considerations of the court when determining whether the equal share rule should be varied - Joint tenancy.

Civil Procedure Rules part 37, Rules 37.3(1) and (2) - Filing of defective notice of discontinuance - Filing of Bills of Costs - Refiling of notice of discontinuance - Second Bill of Cost filed pursuant to Rule 65.20(5) -  Application for default costs certificate -Judgment summons for attorney's  costs - Application to  set aside judgment summons - Whether defective notice of discontinuance can be cured by Court Order - Whether second filing of a bill of costs amounted to an abuse of process.  

Civil Procedure –– Whether time has expired for making application to challenge the jurisdiction of the court - Whether the defendant has waived the right to challenge the jurisdiction of the Court - Service of a claim form after the period of validity – Civil Procedure Rules 8.14, 9, 10 and 26.9.