2024

Application for Interim Injunction –– Factors to be considered in granting Interim Injunction –– Serious issues to be tried –– Whether damages are an adequate remedy –– Balance of convenience –– American Cyanamid test.

Application to enter judgment –– Application for defence to stand ––Application for extension of time –– Relevant considerations – Indefeasibility of a registered title – Possessory title –– Operation of the Limitation of Actions Act –– Effect of a possessory title on successors in title to include a bona fide purchaser for value.

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

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.