2024

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

Arbitration Act - Jurisdiction of Court to intervene in Arbitral proceedings – Whether S. 55 is a mandatory provision – Setting aside Arbitral Award - Summary Judgment.

General Consumption Tax Act - Whether notice of objection determined pursuant to section 40(3) is a decision relating to an assessment and therefore subject to the appellate procedure at section 41 - Whether leave is required to appeal decision made in accordance with section 40(3) and for which the Revenue Appeals Division declined jurisdiction on an appeal filed to it - Considerations for applications to extend time to appeal to the Revenue Court.

Application to strike out - Action on the case - The tort of negligence from a motor vehicle accident - Limitation of action - Computation of time - Whether the day of the accident is excluded from the reckoning of time.

Breach of Agreement – Subcontractor Agreement - Liquidated damages - Whether Claimant entitled to sums withheld as liquidated damages - What rate of interest should be imposed.

Breach of Contract - Whether all the essentials of a valid contract have been met - Whether the parties had an intention to create legal relation.