2023

Civil Procedure - Relief from Sanction - Whether the application was promptly made - Whether the failure to comply was not intentional - Whether there is a good explanation for the failure to comply

Application challenging the jurisdiction of the court to hear the claim - Whether the failure of the Claimant to serve the prescribed notes to the Defendant and form of defence with the claim form during the life of the claim is a nullity - Whether amendments made after the expiration of the limitation period should be permitted to stand - The duty of a litigant to pursue his claim and to take all reasonable steps to secure a date for the hearing of the application - The requirement to file an application and a supporting affidavit simultaneously.

Family law- Section 2 of the Intestates’ Estates and Property Charges Act – Whether a Common Law relationship existed between the Applicant and the Deceased – Whether the Applicant is a spouse within the meaning of the Act.

Judicial Review – Irrationality and Unreasonableness – Breach of Natural Justice

Appeal against the findings of the Fair Trading Commission - Appellate jurisdiction of the Supreme Court - Sections 7, 19, 20, 21, 22 and 49 of the Fair Competition Act - Part 60 Civil Procedure Rules, 2002 - Anti-competitive practices - Whether hearing should have been held- whether sufficient opportunity to be heard afforded - Whether an expressed promise or policy establishes a legitimate expectation - Whether there is a breach of procedural fairness

Claim brought by way of Claim Form - Detinue - False Imprisonment - Constitutional Damages – Exemplary Damages - Aggravated Damages

Negligence – Occupier’s Liability – Obvious Risk – Handicap on the Labour Market

CIVIL PROCEDURE - Application for an Extension of time to file Points of Dispute - Rules 1.1(2), 10.3, 26.1, 26.9 and 65.20 considered.

Application for amendments to Claim Form after Case Management Conference –Whether the amendments constitute a new cause of action- whether application to amend should extend to new provisions regarding interest rate – Civil Procedure Rules, 2002 Rule 20.4 (2) and 1.1, The Limitation of Actions Act – Law Reform (Miscellaneous Provisions) Act

Negligence – Motor vehicle collision – Liability of parties – Credibility of Witnesses – Assessment of Damages
Preliminary issue – Application for relief from sanctions refused to allow witness statements to stand – Application at trial for Court to exercise discretion under Rule 29.11 of the Civil Procedure Rules (CPR) to allow witnesses to give evidence – Whether the Court has discretion to allow evidence where application for relief from sanctions is refused under Rule 29.11.