2024

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.

Judicial Review – Claim for judicial review – Availability of remedy – Certiorari – Application for the grant of an order of certiorari to quash the decision of the minister with responsibility for town and country planning – Mandamus – Application for the grant of an order of mandamus to compel the minister with responsibility for town and country planning to grant the application for building and planning permission to construct a fuel station and convenience store – Whether the decision to refuse the application is unreasonable – Whether the defendant failed to comply with the statutory

Nuisance - Interim - injunction - Whether the exemptions allowing a private law to claim to enforce the Noise Abatement Act have been met Whether the requirement to bring a claim in public nuisance exists - Whether serious issues to be tried with respect to private nuisance - Whether damages would be an adequate remedy.

Civil Procedure – Application for permission for defendants to amend defence
– Whether proposed amendment to defence raises a different case than that
originally pleaded – Principles to be applied in determining whether to grant
application - Rules 20.4(2), 1.1(2) (d) and 1.3 of the Civil Procedure Rules, 2002, as Amended.

Writ of Habeas Corpus ad subjiciendum. The Conviction of the Applicants on charges for murder, have been quashed but the issue as to whether they should be retried is still pending - Where a conviction has been quashed, and no verdict of acquittal yet entered, whether this results in the removal of the charge against the Applicants – Whether any further detention after the quashing of the conviction.

Application for security for costs - Claimant resident out of the jurisdiction - No evidence of any assets within this jurisdiction - Evidential burden of each party - Claimant failing to provide evidence of her financial circumstances.

Civil Procedure - CPR 26.3(1) (b) and (c) - Application to strike out statement of case - Whether claim which alleges that the failure of public functionaries to accede to an entreaty to re-examine and amend the Limitation of Actions Act discloses a reasonable ground for bringing a claim in negligence or a claim for breach of the constitutional rights to life, equality before the law and to equitable and humane treatment by a public authority in exercise of any function - Whether such a claim commenced by claim form is an abuse of the process of the court.

Rules 15, 26 and 41 Civil Procedure Rules, 2002 - Whether the matter should be struck out against the 4th and 5th Defendants - Whether summary judgment should be granted.

Interim injunction - Whether there is a serious issue to be tried that the defendant is in breach of the Universal Terms & Conditions Merchant Agreement – Whether the defendant was entitled to freeze the claimant’s bank account under the Universal Terms & Conditions Merchant Agreement – Whether the defendant was entitled to notice before his account was frozen – Whether the defendant was denied the opportunity to respond to the chargeback query.

Negligence - Motor vehicle accident - Breach of duty of care - Assessment of damages