2022

Disclosure - Application to strike out statement of case - Whether breach of order for specific disclosure – Whether legal professional privilege or relevance reasons to withhold

Civil Procedure – Interlocutory application to strike out impugned paragraphs contained in specific affidavits – Relevance – Whether the evidence contained in those affidavits is relevant – Admissibility – Admissibility of evidence contained in specific affidavits – Whether the statements contained in the affidavits are scandalous – Whether the statements contained in the affidavits are irrelevant or otherwise oppressive rendering them inadmissible – Whether the statements contained in specific affidavits if allowed to remain would impede the just disposition of the matter – Whether the pre

Building Contract - Whether time for completion breached - Whether building
constructed in accordance with agreed plans - Whether agreed price for
construction paid - Whether contract varied to increase price and extend time.

Constitutional relief – Costs – Whether there should be an Order for costs in
Claimant’s favour- Whether no costs should be ordered due to the exceptional
public interest and import of the claim – Whether costs should be on a full
indemnity basis – Whether certificate for four counsel to be granted.

Injunction – Threshold test – Whether serious issue to be tried – Whether the balance of convenience lies in favour of the grant of injunctive relief – Whether damages are an adequate remedy
Restrictive covenant – Breach of restrictive covenant – Whether the restrictive covenant creates an inviolable right – Whether the restrictive covenant creates an absolute right for all time – Defence – Whether delay or acquiescence

Application for Leave to Appeal- Real Chance of success, accord and satisfaction,
unavoidable accident

Land Valuation - Sections 20 and 22 Land Valuation Act - Whether grounds of appeal prescribed by statue exist 
Land Valuation Act - Section 2 - Unimproved Value - Whether appropriate comparables used in determining unimproved value of property - Onus of proof

Revenue Appeals Division Act - Section 4 (3) - Power of RAD to consult and obtain assistance
Revenue Appeals Division Rules - Rules 7, 10, and 14 - Power of Revenue Appeal Division - To collect necessary information - Obtain and consider relevant evidence

Interim Injunction - Factors to be considered in granting an interim injunction -
Whether there is a serious issue to be tried - Whether damages are adequate -
Balance of convenience - Norwich Pharmacal Order - Whether Norwich Pharmacal
Order should be granted

Assault and Battery – Section 14 of the Corrections Act – Section 33 of the Constabulary Force Act

Trade - Sections 2, 8, 11 and 12 of the Trade Act - Whether import licence issued by the Trade Administrator which remains unrevoked, has not been ordered invalid and is not challenged in current proceedings a valid import licence.
Customs - Sections 2 and 210 (1) of the Customs Act - Whether stolen motor vehicle imported into the island for which no import licence was granted is uncustomed goods.