2023

Application for Injunction – Application for Equity of Redemption etc. – Whether or not Interim Injunction should be extended – Whether the Claim Against the 2nd and 3rd Defendants is frivolous or vexatious.
Application for Discharge of Injunction – Application for Equity of Redemption –
Whether the Claim is Frivolous or Vexatious – Whether injunction should be
discharged.

Civil Procedure – Interlocutory Applications – Fresh Evidence, setting aside Final Charging Order - Sale of Land – Civil Procedures Rules 46.1, 46.2 (c), 48.11 (1), 48.10 (1) and Rule 55 considered.
 

Civil Practice and Procedure- Negligence – Whether employer provided safe
system of work – Whether the premises were reasonably safe for the purpose for
which the claimant was permitted to be there – Handicap on the Labour Market -
Personal injury - Damages.

Civil Procedure - Whether debt claim can be dealt with summarily at first hearing of fixed date claim form pursuant to rule 27.2(8) of the CPR ˗ Whether land valuation required in accordance with CPR rule 55.2(2)(c) where contract provides for the sale of land to discharge contractual debt.

Easement - Right of Way - Methods for acquiring - Easement by express grant – Easement by implication - Easement by prescription - Whether claimant has an interest in land to enable acquisition of easement over lands adjoining registered strata.

Judicial review - Application for leave - Whether referral to Industrial Disputes Tribunal ultra vires - Whether Industrial Disputes existed - Whether waiver by conduct on part of interested party - Whether breach of Labour  Relations Code - Labour Relations and Industrial Disputes Act, Section 11A(1)(a) - Employment Termination and Redundancy Payments Act 1974 - The Civil Procedure Rules, 2002, Rule 56.3(1).

Application for interim injunction pursuant to section 49(h) Judicature (Supreme Court) Act – RULE 17.1(a), 17.1(4) and 17.2 of the civil Procedure Rules 2002 – Financial Services Commission Act- The Companies Act - Whether defendants at liberty to wind up company and dissipate funds  – Whether temporary manager redundant – Whether claimant vested with full and exclusive management over 1ST defendant  – Whether cause of action must be established – Whether there is a serious issue to be tried -- Whether there has been material non-disclosure – Whether undertakings as to damages required by

Restrictive Covenants - Restrictive Covenants (Modification and Discharge) Act - Application to modify Restrictive Covenants - Whether modification changes the character of the neighbourhood - Whether modification injures the persons entitled to the benefit of the restriction - Whether the covenants should be deemed obsolete - Whether the existence of the covenant impedes reasonable use of the land.

Application to set aside default judgment - Default Judgment entered at inter
partes hearing binding on parties - Whether five-month constitutes delay – Issues raised on application not reviewable by Judge of concurrent jurisdiction - Rules 1.1,13.3, 42.2, Civil Procedure Rules, 2002