2023

Constitutional Law – Charter of Rights - Savings Law Clause - Offences Against the Person Act - Whether the savings law clause precludes enquiry by court - Meaning of “sexual offence” - Whether court bound by the parties’ statement of meaning - Whether buggery is a sexual offence.

Contract - Duress  Whether Threat of Criminal Proceedings Illegitimate Pressure - Lawful Act Duress 

Insolvency– Sections 137, 138, 144 and 145 of the Insolvency Act, 2014 – Regulation 49 (2) of the Insolvency Regulations, 2015 – Whether the automatic discharge of a first time bankrupt should be refused – Facts relevant to discharges

Notice of Application for court orders vacating previous order – Rule 26.1(7) of the Civil Procedure Rules 2002, as amended – Applicable principles – Whether Court should exercise its discretion to revoke an earlier judgment and orders.

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages

Civil Procedure - Rule 15.2 - application for summary judgment - Whether the claimant has a real prospect of succeeding in the claim – Conflicts of fact – Whether case appropriate for grant of summary judgment

Civil Procedure - Rule 13.3 - application to set aside default judgment; application for extension of time to file defence – prospects of success

Costs - Whether parties acted unreasonably in their conduct of the claim – Amended fixed date claim filed without permission of court is unreasonable – Breach of duty of candour is unreasonable – Breach of duty not to be selective is unreasonable

Application for interim injunction pursuant to section  49(h) Judicature (Supreme Court) Act – rule 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 – Whether right of first refusal gives the applicant an equitable interest in property - Whether there is a serious issue to be tried - Whether damages an adequate remedy – Balance of convenience - Whether injunction is mandatory or prohibitory - Likely prejudice - Preservation of status quo

Civil Procedure - Application for security for costs – Whether dual residence- Whether Claimant ordinarily resident outside the jurisdiction - Whether there is a probability of the claim being stifled - Specific disclosure and request for information – Whether employee’s address confidential and not to be disclosed -Whether information requested is “directly relevant”.