2024

Application for leave to apply for judicial review - Immigration Officer placed on interdiction – Whether improper delegation of authority – Whether there was one continuous illegal act against which time did not begin to run - Subjective state of
mind of the applicant, and his decision to delay challenge not relevant to the application of rule 56.6(1) - An act does not extend over a period simply because the act has ‘continuing consequences’ - Delay bars grant of leave - Threshold test
failed.
Part 56 Civil Procedure Rules

Defamation – Press release containing defamatory imputations against the claimant – Meaning of words published – Implications – Innuendo .
Burden – Burden of proof – Standard – Standard of proof – Whether the intention of the defendants is relevant.

Defence – Defence of fair comment – Defence of qualified privilege.
Damages – Principle of compensation to an individual claimant – The Defamation Act, 2013, sections 2, 3, 20(2), 20(3), 21(1), 30(1) and 30(2).

Interim Injunction - Section 22 and 23 of the Data Protection Act - Whether the Data Protection Act is Breached

Construction contract – Disputes adjudicated - Contract terminated prior to completion – Adjudicator’s rulings determined by court to be binding – Project manager failed to issue payment certificate - Whether death of project manager barred claim – Whether interest on overdue amounts to be compounded – Whether late submission of final account barred claim - Whether amounts already paid settled claim – Meaning of “prevailing commercial interest rate”.

Contract – Whether oral or in writing - Whether agreement to share profits as franchisee- Whether agreement to sell stock and fixtures - Documentary evidence - Whether signed document a sham – Whether Defendant in business on her own account - Burden of proof – Factual findings.

Civil Practice and Procedure – Application to Set Aside Default Judgment Entered on a Counterclaim – CPR Rule 13.3 – Whether or not the Claimant has a good explanation for failure to comply with the CPR to File a Defence to the Counterclaim – Whether or not the Claimant has made the appropriate application – Should they have applied for relief from sanction or whether it should have been an application to set aside default judgment – Whether or not the Claimant has a Defence with a Real Prospect of Success.

Civil Procedure – Notice of Applications for Court Orders – Summary Judgment – Striking Out of Statement of Case – Claim for Recovery of a Specified Sum – The Effect of Unless Orders – Whether an Attorney can rely on their own affidavit – Defence of Limitation – Whether the Claimant has a realistic prospect of successfully bringing the Claim – Court Making Orders On Its Own Initiative to Strike Out Statement of Case – Whether statements of case discloses reasonable grounds to bring or defend the claim – Costs – Limitations of Actions Act, section 46 – The Legal Profession (Canons of Profess

Company Law – Oppression – Breach of Reasonable Expectation –– Fraud – Directors’ duties – Breaches of Articles of Association and Companies Act –
Shareholders’ remedies - Companies Act, 1965, Section 213A Companies Act, 2004

Appeal  – Bail - Appeal from refusal by Parish Judge – Statutory interpretation – Strength of case against defendant – Good faith - Duty on Appellant – Meaning of sufficient cause – Constitutional provisions conferring entitlement to bail.

Civil Practice and Procedure – Application for Costs – Whether the Claimant Lexine Richards Should Receive Costs in circumstances where the Claim is Being Settled – Quantum of Costs to be Awarded