2024

Civil procedure – Summary judgment – Interlocutory application for summary judgment – Whether summary judgment ought properly to be granted in favour of the claimant on the claim – Whether summary judgment ought properly to be granted in favour of the ancillary claimant on the ancillary claim – The approach of the court in dealing with an application for summary judgment – Whether the defence to the claim has a reasonable prospect of success – Whether the defence to the ancillary claim has a reasonable prospect of success - Burden – Burden of proof – Standard – Standard o

Judicial Review – Claim for judicial review – Illegality – Error of law – Whether the operations stewards were duly authorized to investigate the claimant for failing to take all reasonable and permissible measures throughout a race to ensure that a horse that she was riding was given the best possible placing in the race – Whether the operations stewards were duly appointed authorized persons by the commission – Whether the operations stewards were duly issued with certificates of appointment as required by statute.

Negligence – Motor vehicle collision – Vehicle parked on the roadway approaching a bend or curve in the roadway – Vehicle attempting to move around parked vehicle – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road Code – Breach – Effect – Breach creating no presumption of negligence – Road Traffic Act, sections 51(2), 53(1), 95(3), Island Traffic Authority Road Code, Part 2 – 35, 39(b), (c), (d) and (e) and 40

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 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

Land - Last Will And Testament of Father of Parties - Title Obtained By Fraud - Executor breaching duty of trust by registering trust property in sole name - Co-Executor unaware of fraud - Injunction - Section 24 of the Registration of Titles Act, 1889,
Section 3 and 5 of the Real Property Representative Act, 1903, Section 43 of the Trustees Act, 1987

Succession Law – Adverse possession – Lease Agreement – Property part of estate sold before any representative for the Estate appointed – Doctrine of “Relation Back” – Effect on Conveyance – Whether sale of the property was ratified by the Administratrix – Whether the purported sale benefited the Estate – Agency – Whether tenant who remained on property occupied as agent for the estate or adverse possessor – Damages sought for loss occasioned by alleged intimidatory actions said to cause a party to have lost customers and business

Judicial Review – Dismissal of Teacher – Allegation of failure to submit lesson plans – Fair Hearing – Breach of the Education Regulations – Procedural Impropriety – Bias – Whether right to Cross-Examine – Hearsay Evidence – Defects in the Application of the Rules of Natural Justice by an Inferior Tribunal can be Cured by a Subsequent Proceeding in an Appellate Court or Tribunal with Review Powers - Irrationality and Failure to Consider Breaches of Natural Justice in ruling of Teachers Appeal Tribunal - Statutory Interpretation

Civil Procedure - Application to strike out amended statement of case – Parties to
litigation must have mental capacity - Words “incapable of managing his or her
own affairs” not defined in Mental Health Act or Civil Procedure Rules - Court may
put matters right in keeping with the overriding objective – Order is retrospective
to date of commencement of the claim – Amendment to pleadings overtakes
original pleadings

Civil Procedure - CPR 13.2, 13.3- Whether default judgment should be set aside because particulars amended after the default judgment was entered - Whether default judgment should be set aside because amended particulars were not served personally on the Defendant - CPR 39.6 Whether judgment on assessment should be set aside as notice of assessment not served on Defendant - Notice of assessment served by registered post-service by registered post.