2024

Judicial Review - Application to amend ground for judicial review after leave and first hearing stages - Considerations - Application to file additional evidence in support of judicial review application after the filing of fixed date claim form

Negligence - Occupiers’ liability - Ancillary claim - Indemnity - Failure to establish negligence or breach under Occupiers’ Liability Act

Application to set aside default judgment - Hearsay evidence - Rules 13(3), 13(4) and 30(3) of the Civil Procedure Rules 2002.

Company law – Allotment of shares – Removal of director – Oppressive and unfairly Prejudicial conduct – Rectification – Laches

Contempt of court - Whether order ambiguous – Whether order breached - Whether imprisonment appropriate sanction – Considerations for imposing Imprisonment

Rules 5.7, 5.19, 8.16, 12.4, 13.2, 26.9, 42.6, 45.2, 46.4 and 47.2 of the Civil Procedure Rules, 2002 – Section 387 of the Companies Act - Whether Default Judgment was irregularly obtained - Whether the Claimant’s Order for Seizure & Sale can be set aside after execution

Section 13 (3) (l) of the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act 2011 – Whether the right has been engaged – Breach of contract – Assessment of damages for breach of contract – Private nuisance – What is the remedy in damages for a claim in private nuisance.

Breach of Contract - Whether the Defendant is liable for failing to complete the modification of the unfinished building - Whether the Claimant breached the contract for failing to pay the Defendant in a timely manner - Whether the Defendant is in breach of the contract for leaving the work site - Whether the Defendant should be compensated for additional works.

Criminology – Detention – Review of Inmate Held at the Governor General’s Pleasure – Mentally Disordered Applicant – Applicant Deemed Detained at the Court’s Pleasure – Jurisdiction of the Court to Review Detention – Whether Applicant should be released unconditionally

Application for interlocutory injunction - Whether there is a serious issue to be tried – Whether damages are adequate – Whether the application is in the nature of a permanent injunction - Whether an injunction can be granted at the interlocutory stage where there is no claim for permanent injunction in the Claim - Whether it is necessary to make a distinction between mandatory and prohibitory injunction - (Rule 17 of the Supreme Court Civil Procedure Rules, 2006.)