2023

Application for removal of Executrix - Duties of an Executrix - Fiduciary duties of Executrix Section 7 of the Trustees Attorneys and Executors (Accounts and General) Act - Section 2 of the Mental Health Act - whether Executrix liable for self-dealing - Whether Executrix mismanaged the affairs of the Estate - Failure to keep proper accounts - Whether beneficiary has capacity to sell his interest in the Estate - Undue influence

Joint Bank account - Parent child relationship - Whether there is evidence of
intention of the parent to be entitled to the beneficial interest in assets in joint
account.
Equity - Whether the presumption of advancement applies to adult child on a parent
to child transfer to displace presumption of resulting trust - Standard of proof to
rebut presumption of advancement - Whether presumption of advancement
rebutted by evidence of contrary intention.

Interlocutory Injunction – Arbitration Clause-Mortgage by way of guarantee - Whether mortgagee bank should be restrained from exercising power of sale - Borrower not a mortgagor - Whether agreement to arbitrate - Whether borrower has arguable claim - Whether estoppel arises - Whether notice to mortgagor required - Whether Marbella principle is applicable.

Civil Procedure – Part 20 of the Civil Procedure Rules – Application for amendment of claim – Expiry of limitation period – Whether amendment should be granted – Application to add special damages – Whether affixing documents to the particulars of claim amount to pleading items of special damages

Negligence – Shooting by Police Officers – Breach of Duty of Care – Whether there was an armed felon fleeing – Whether the police was acting in lawful self-defence and/or execution of their statutory duties – Innocent Bystander – Assessment of Damages – General Damages – Special Damages – Constabulary Force Act s. 13

Partnership - Sub partnership – Conduct in support of oral agreement - Estoppel by conduct where oral agreement – Will - Forgery – Expert Witness.

Expert evidence - Doctor appointed expert witness - Impartiality of expert witness - Admissibility of medical reports - Whether comments made by doctor in medical reports render the reports inadmissible - Part 32 Civil Procedure Rules 2002

Insolvency Act- Sections 185, 192, 193, 194 and, 201 – Secured creditor- Whether Proof of Claim and/or Proof of Security - Whether Trustee had authority to disallow – Whether Trustee had lawful reason to disallow - Appeal pursuant to section 201(5) - Whether a rehearing – Whether Trustee should bear costs.

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.