2024

Section 27 of the Sale of Goods Act - Breach of Contract - Whether the contract provided for exclusivity - Whether payment was contingent upon sale of goods- Whether the Defendant is in breach of Contract

Procedural defect – Whether originating pleadings signed by claimant – Whether the failure to sign certificate of truth in originating pleadings is fatal – Discretion of court pursuant to Rule 3.13 of the Civil Procedure Rules 2002, as amended – Whether claimant’s statement of case should be struck out.

Damages for malicious prosecution – Special damages must be specifically pleaded and proved.

CIVIL PROCEDURE - Application for extension of time to file a defence per rule 26.1(2)(c) of the Civil Procedure Rules - Whether the court should wholly discharge the interim injunctions granted on May 19, 2023 by Mr.

Land - Recovery of possession - Whether fixed date claim should be converted
to claim form – Whether there are substantial disputes of fact – Whether one
Executor can give evidence of the acts carried out by co-executor – Open Justice
Principle

Failure to serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure Rules (CPR) - Application for relief from sanction under Rule 26.8 of the CPR - Application made after trial had begun - Legal effect of irregular order granting extension of time - Whether the relevant witness statement was served within time as prescribed and whether any sanction applies, particularly if the relevant witness statement was filed within time - Whether a sanction applies and, if so, what is that sanction?

Oral application for interim protection order

Breach of Rules 9.3(1) and 10.3(1) of the Civil Procedure Rules (CPR) - Whether a default judgment has been entered against the defendant, and if so, whether the court should set it aside and/or stay its execution - Application for extension of time to file defence - Whether the length of the defendant’s delay is inordinate - Whether the defendant had a good reason for not filing and serving its defence and acknowledgment of service within the time prescribed - Whether the pre-litigation communication dated May 12, 2021 from the defendant to the claimant was ‘without prej

Application for Leave for Judicial Review - Whether there is a discretionary bar of delay - Whether the fact that the Applicant was in communication with the decision maker, seeking clarification, suspends the running of time. Whether the court can grant an extension of time in the absence of an application from the Applicant for an extension of time- Whether there is an arguable ground with a realistic prospect of success. (Rule 56).

Motor vehicle Accident - Negligence - Breach of duty of care.