2024

Application for interim relief - Application to Strike Out Claim – CPR Rule 26.3(1) – Companies Act Section 213A – Derivative Action – Breach of fiduciary duties

Application for Entry of Judgment in Default – Application to Strike Out Claim and for Summary Judgment – Whether claim form personally served – Copyright Act – Companies Act – Whether claim particularized – Whether Claimant has locus standi-Whether real prospect of success.

Challenge to Probate - Uncertified prenuptial agreement - Section 10 of Property (Rights of Spouses) Act.

Civil Procedure – Jurisdiction of court to order stay of proceedings in subsequent action in circumstances where costs ordered in previous action between similar parties have not been paid

Entitlement to legal and/or beneficial Interest in property – Principles to be considered - the Partition Act – Rules 30.3(1), 30.3(2) and 30.4 (2) of the Civil Procedure Rules.

Defamation - Application to strike out defence for failure to comply with a court order-CPR 26.3(1)(a) - Application to strike out defence for failing to disclose reasonable grounds for defending the claim - CPR 26.3(1)(c) - Whether application to amend defence should be granted - CPR 69.3 -The defences of Truth, Fair Comment, Innocent Dissemination and Qualified Privilege -The Defamation Act 2013.

Section 2 (1) of The Property Rights of Spouses Act - Definition of spouse – The intention of the parties.

Default Judgment - Extension of time - Whether evidence is required for entry of default judgment under rule 12.10(4) – Assessment of particulars of claim.

When does the cause of action arise in actions grounded in tort – Calculating the limitation period -– Striking out statement of case after expiration of limitation period – Application for permission to file defence out of time – Factors to be considered by the Court in deciding whether to grant an application for extension of time to file defence out of time – Section 46 of the Limitation of Actions Act – Section 8(1)(a) of the Interpretation Act – Rules 26.3(b), 10.2(1),10.3(1), 10.3(9) of the Civil Procedure Rules.