2023

Civil Practice and Procedure – Application to Remit Matter to the Parish Court – Principles involved in Transferring a matter from the Supreme Court to the Parish Court. Civil Practice and Procedure – Amendment of Pleadings After Case Management Conference – Whether or not Amendment is Valid Where Amendment Done Without Permission.

Application for Injunction – Application for Declaration of Interest in Property – Whether or not Interim Injunction should be granted – Whether There is a Serious Issue to be Tried – Whether or not the Title of the deceased was extinguished via adverse possession – Sections 4, 9 and 30 of the Limitation of Actions Act. 

Equity – Injunction – Interlocutory Injunction – Serious issue to be tried – Adequacy of damages – Adverse possession 

Judicial Review – Conflict of Interest – Apparent Bias – Unconscious Bias – Breach of Constitutional Right to a Fair Hearing by an Impartial Court 

Civil Procedure – Specific disclosure – Requirements for specific disclosure – Time for ordering Specific Disclosure - Whether the documents to be disclosed are directly relevant – Whether Specific Disclosure is necessary to dispose fairly of the claim or to save costs – Civil Procedure Rules 2002 (as amended) – CPR 1.1, 28, 34.1, 64.6 and 65.8 (3) – Defamation Act section 20(3) – General Consumption Tax Act sections 26 and 28

Civil Procedure Rules – Setting aside judgment given in party’s absence –
whether the applicable rule is rule 39.6 or rule 13.2 – Rule 39.6 - Whether good
reason given for absence of defendant – Whether some other order would have
been made if the defendant had been present.

Civil Procedure Rules - Application for permission to file defence out of time - CPR 10.3(9), - Application to enter default judgment - CPR 12.3(1), CPR 12.3(6)

Application to correct the Court’s record – Acknowledgment of Service- Whether limited for the purpose of injunction only- Whether service of Claim Form valid.

Civil Procedure Rules - Request to enter Judgment in Default of Defence – Application to set aside Request for Judgment in Default of Defence - Application for permission to file Defence out of time - CPR 10.2, 10.3(9), 11, 12.5, 13.2, 26.8, 26. (1) (2) (c).

JUDICIAL REVIEW - Civil Procedure Rules - Part 56 of CPR – Constitutional law –– Breach of Public Service Regulations – Staff Orders for Public Service – Performance Management Appraisal System (PMAS) guidelines – Delay in completing job performance reports and PMAS appeal process – Right to fair hearing within reasonable time under Section 16(2) of the Charter of Fundamental Rights and Freedoms – Mandamus – Declaration – Damages.