2024

Family Law – Mental Health Act - Managing the Affairs of a Patient under the Mental Health Act – Nearest Relative – Examining Medical Evidence Presented – Mental Health Act sections 2, 3 and 29

Company Law - Section 115 of the Companies Act - Breach of Agreement - Whether the Claimant is the beneficial owner of shares in the 3rd Defendant - Whether the share capital of the 3rd Defendant should be rectified pursuant to section 115 of the Companies Act

Civil Procedure - Application for Summary Judgment on part of claim- Part 15 Civil Procedure Rule, 2002 - Whether the Defendants have a real prospect of successfully defending the claim - Whether the Claimant is entitled to summary judgment of the claim.

Injunction - Application for Interim Injunction pursuant to Section 49(h) of the Judicature (Supreme Court) Act - Rules 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 - Whether there is a serious issue to be tried – Whether damages an adequate remedy - Balance of convenience - Preservation of status quo.

Judicial Review – Application for leave – Television station holder of exclusive
broadcasting rights to English Premier League matches – Customer complaints to
Regulator that applicant advertised matches not broadcast online - Regulator
decided applicant engaged in misleading advertising as matches not broadcast as
advertised – Suitability of alternate remedies – Grounds and evidence relied on by
applicant must disclose arguable case – Failing test of arguability is a bar to grant
of discretionary relief

Civil Procedure Rules – Rule 13.3 – Setting aside default judgment – Whether affidavit sworn to by a party’s attorney-at-law amounts to an affidavit of merit – Rule 21.7 – Application to appoint representative of estate of deceased defendant – Whether sufficient proof of death in the absence of a death certificate – Whether Administrator General fit and proper person to be appointed as administrator ad litem.

Whether later Will was validly executed and revoked earlier will – Expert evidence that later Will was a forgery.

Civil Procedure – Rule 26.3 of Civil Procedure Rules – Whether claim is an abuse of process; section 73 of the Judicature (Parish Court) Act – Whether section 73 operates to prevent the bringing of this claim in light of previous claim filed in the Parish Court – Whether claim should be struck out as disclosing no reasonable grounds for bringing claim - Whether the 1st defendant should be removed as a party.

Civil Procedure – Court making Orders on Its own Initiative to strike out statement of case – Is there a prima facie case – Should the matter be transferred to the Commercial Courts – Civil Procedure Rules, 2002, 71.3.

Civil Practice and Procedure – Application to amend defence – Late stage amendment – Whether Amendment to defence permissible – Principles applicable to late stage amendment.

Civil Practice and Procedure – Commencement of action – Filing of claim form – Rule 8.1 – When is a claim commenced – Whether date for commencement of action can be extended under rule 3.2(5).