2023

Civil Procedure – Application for relief from sanctions – Whether there was good explanation - Whether there was general compliance with Court Orders – Civil Procedure Rules 2002, R. 1.1, 1.2, 1.3, 26.8 (1) AND (2).

Preliminary Point - Application to commence derivative action – Company Law - sections 174A and 212 of the Companies Act – Whether application to bring
derivative action can be commenced by way of Notice of Application for Court Orders - Whether a company director should be a named Respondent

CIVIL PROCEDURE: Application for Relief from Sanctions

Application for Leave to Appeal - Whether the Applicant has a real chance of success

Section 3 of The Limitation of Actions Act – Sections 68 and 70 of The Registration of Titles Act – Proprietary Estoppel – Whether the defendants are entitled to compensation for structures erected on leased lands

Civil Procedure Rules - Application for leave to cross-examine a person not an
Affiant/Witness before the Court ( His Excellency, the Governor General) – Power
of Court to control evidence under CPR 29.1 - Whether Court should exercise
overriding jurisdiction to call non-witness to be cross-examined – Overriding
objectives

Application for Relief from Sanction - Part 26 of the Civil Procedure Rules (2002)
- Test of promptness - good explanation - general compliance - interest of the
administration of justice

Real property - Application for beneficial interest in property - Equitable remedy -  Constructive trust - Whether the claimant is entitled to a beneficial interest in the property in question.

Interim Injunction – Memorandum of Understanding for sale of majority shareholding – Whether agreement illegal in that it contravenes section 5 of Broadcasting Act- Whether agreement is subject to contract – Whether part-performance – Whether Damages an adequate remedy – Whether undertaking as to damages adequately supported – Whether overall justice of the case supports grant of injunction – Whether status quo to be maintained until trial.

Application for leave for leave to apply for Judicial Review of decision of a Parish
Judge – Whether the Attorney General is a proper party - Jurisdiction to issue
bench warrant - Whether matter in relation to which leave is sought is moot –
Whether there is an alternative remedy.