2023

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.

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).