2024

Trial – Motor vehicle accident – Liability – Negligence.

Civil Procedure –– Application to enter Default Judgment –– Application for Defence to stand –– Application for Extension of time to file Defence –– Relevant considerations –– Whether the delay was lengthy and inordinate –– Whether a good explanation/reason was provided –– Whether Defence has a real prospect of success –– Locus Standi –– Whether a ‘Second Executor’ can commence an action in another estate.

Personal injury claim – Whether claimant should be permitted to amplify his witness statement under CPR 29.1 (a) – Whether claimant permitted to rely on documents not previously disclosed - Whether claimant has proven breach of duty under the Occupiers’ Liability Act- Whether causal connection between injury and alleged breach of duty.

Civil Practice and Procedure – Application to Set Aside Default Judgment – CPR Rule 13.3 – Whether or not the Defendants have a Defence with a Real Prospect of Success

Recovery of Possession – Adverse Possession – Sections 3, 4(a) and 30 of the
Limitation of Actions Act – Whether or not the Claimant’s Title has been
Extinguished – Whether or not the 1st and 2nd Defendants were in sole, exclusive
occupation of the property.

Civil Practice and Procedure – Application for Summary Judgment – Whether the
Defendant has a Defence With a Real Prospect of Success in Whole or in Part
Concerning Whether or not the Claimant was Involved in the collision or injured
in the Collision

Civil Procedure & Practice –– Contract Law –– Breach of Contract –– Elements of a Contract –– Specific Performance – Proprietary Estoppel – Possessory Title - Unjust Enrichment –– Absence of Documentary Evidence –– Sale Agreement.

Judicial Review – Employment – Unjustifiable dismissal not challenged – Compensatory Award challenged for being Wednesbury unreasonable – Failure of IDT to consider all relevant factors – Parity with previous awards absent from findings and not considered – Award irrational.

Judicial Review - Application for leave – Insurance intermediary company – Registration cancelled – Whether the decision was unreasonable, unjust or ultra vires - Delay - Part 56 Civil Procedure Rules - The Insurance Act, sections 2, 77.

Land – Whether beneficial co-owner can dispossess registered proprietor who is co-owner – Co-owner executrix of unadministered estate – Whether wife of deceased co-owner is licensee of paper owner – Wife derives possession from husband – Joint occupation and possession entitles wife to possessory title against registered co-owner – Whether paper owner has standi to bring claim against wife for recovery of possession after husband dies.