2023

Civil Procedure – Application to set aside Default Judgment – Whether the requirements for entering a Default Judgment for failure to file Acknowledgment of Service or Defence have been met – Whether Default Judgment should be set aside – Prejudice – Overriding Objective – Civil Procedure Rules 2002 (as amended) 1.1.12.4,12.5,13.3 (1) and (2).

Application for Injunction – Breach of Contract – Whether or not Interim Injunction
should be granted – Whether There is a Serious Issue to be Tried

Judicial review -  Certiorari - Redundancy - Effect of waiver - Considerations of the
Minister under Labour Relations and Industrial Disputes Act - What is a dispute withdrawal of the referral by the Minister – Sections 11A(1)(a)(i) & 11A(3) Labour
Relations and Industrial Disputes Act.

Security For Costs – Claimant ordinarily resident out of the jurisdiction – Defendant seeking order for security for costs against the Claimant – Discretion to order security for costs – Factors to be taken into account in exercising discretion – Rule 24 of the Civil Procedure Rules

JUDICIAL REVIEW - Illegality - Powers of the Minister under the National Solid Waste Management Act - Circumstances that Mandamus may be granted -Legitimate expectation.

Negligence - Breach of contract - Breach of Employers Liability Act – Breach of Occupiers Liability Act - Assessment of damages.

JUDICIAL REVIEW - Reasonable prospect of success - Illegality - Irrationality, Procedural Impropriety.

Negligence – Fatal Accident – Assessment of Damages – Constitutional Breach – Aggravated Damages – Exemplary Damages – Damages under the Fatal Accident Act – Damages under the Law Reform (Miscellaneous Provisions) Act 

Section 96 (1) of the Constitution - Extension of time - Sections 31(1) and 16 of the Interpretation Act.

Civil Practice and Procedure - Administrative Law – Part 56 of the Civil Procedure Rules – Application for leave to apply for judicial review – Threshold in Sharma v Brown-Antoine and Others – Illegality – Section 125 of The Constitution – Establishing reasonable cause to remove or otherwise discipline – Public Service Regulations, 1961 – Breach of Natural Justice – Unreasonableness/Irrationality – Improper Purposes – Injunction – Part 17 of the Civil Procedure Rules – American Cyanamid Principles – Whether there is a serious issue to be tried – Whether damages would be an adequate remedy f