2023

ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Loss of
earnings – Proof of specific damages – Pre-existing condition - General damages –
Relevant considerations

Application to strike out portions of first claimant’s affidavit 

Property Rights of Spouses Act - application for extension of time to file claim –
factors to be considered - Limitation of Actions Act.

Civil Procedure – Severance of joint tenancy – Whether claim for division of
property under Property (Rights of Spouses) Act barred by statutory limitation
period prescribed by section 13(2) of the Act – Whether property to be partitioned
and sold and proceeds of sale apportioned under provisions of Partition Act –
Sections 2(2), 3, 4 and 5 of Partition Act

Application for leave to apply for judicial review - Seizure of firearm pending investigation into criminal charges - Whether seizure is in contravention of the Firearms (Prohibition, Restriction and Regulation) Act 2022 or Firearms Act, 1967 - Delay as a bar - Alternate remedy provided in stature - Firearms Act, 1967 applied.

Civil Procedure Rule. – Whether amendments in respect of claim for remedies and constitutional relief amounts to new causes of action – Whether to amend the Claim Form and Particulars of Claim after the Limitation Period to include Remedies - Application of Civil Procedure Rules (CPR) 2002: Rules 8.7, 20.1, 20.4, 20.6, 64.2 and 64.3

Civil Practice & Procedure – Striking out statement of case – Abuse of the process of the Court – Civil Procedure Rule 26. 3 (1) (b) & (c) – Issue Estoppel – Henderson v Henderson Estoppel

False imprisonment – Detinue – Section 33 of the Constabulary Force Act – Whether failure to plead that the officers acted maliciously or without reasonable and probable cause is fatal to the claim

Assessment of Damages – Negligence – Application to permit medical reports to be
admitted into evidence without the need to call the maker pursuant to sections 31E and
31F of the Evidence Act – Whether the lump sum or multiplier-multiplicand approach
should be used to determine handicap on the labour market.

Whether will a forgery – Whether signature appearing on document purporting to
be last will and testament that of deceased – Expert evidence - Evidence of
individual allegedly present when purported will was executed.