2025

Tort –– Negligence –– Personal Injury –– Claimant bitten by a dog –– Whether Medical Reports that were not listed in List of Documents and not pleaded are admissible –– Duty of Care –– Whether duty of care was breached –– Standard of care.
Assessment of Damages –– Pain and suffering –– Loss of Amenities –– Special damages –– Transportation Expenses – Loss of Earnings.

Injunctions – Granting an Injunction as an Interim Order – Proprietary Injunction vs. Mareva Injunction – Can a beneficiary of a deceased’s Estate apply for an injunction against the assets of the Estate - Is there a serious issue to be tried – Are damages an appropriate remedy – Was there material non-disclosure – Is it just and convenient to grant the injunctive relief – Judicature (Supreme Court) Act, section 49(h) – Civil Procedure Rules, 68.9, 68.10, 68.18, 68.23 and 68.58

CPR - Whether the hearing of an application for interim injunction was a Case Management Conference – Whether permission was required to file amended pleadings – CPR 11.3 – CPR 20.1 – Practice Direction No 20 of 2021

Application for Interlocutory Injunction – Sporting organization – Punishment imposed - Whether Rules of Natural Justice apply – Right to protection of law – Right to approach the courts – Whether result of interlocutory application a final remedy.

Civil Procedure Rules – Rule 8.8 – Whether sanction imposed – Whether appropriate relief should be for relief from sanctions or extension of time – Part 32 – Whether the expert will assist the court in resolving any issue in the claim – Whether the existence of a report prepared by the person to be appointed expert is a prerequisite to the appointment of that person as an expert - Motor Vehicle (Third Party Risks) Act – section 18 – grounds on which an insurer can avoid a claim arising from a judgment obtained against its insured

Negligence - Motor vehicle collision - Whether vehicle posed an obstruction - No proper lookout - Burden of proof -  Causation - Liability  - Quantum 

Adverse possession - Joint tenancy - Extinction of title by one joint tenant - Joint tenant claiming to have dispossessed co-tenant - Sections 3 and 30 of the Limitation of Actions Act

Defamation ─ Journalism ─ Allegation of corruption ─ Reynolds Privilege - Fair comment – Integrity commission misstates facts – Article published with same errors - Apology to claimant by Integrity commission after article published – No apology from Defendant – No comment sought from claimant before publication – Verification not sought - Report serious in tone and content - Damages

Civil Procedure - Breach of Contract - Application for Summary Judgment - Ancillary Claim – Set Off as a Defence - No set-off Clause – Whether there is Fraudulent Misrepresentation/Non-Disclosure.

Criminal Law – Murder – Abuse of Process – Jurisdiction of the Court – Delay – Prejudice – Right to Fair Trial – Right to a Trial Within a Reasonable Time – Permanent Stay of the Indictment – Charter of Fundamental Rights and Freedoms sections 14(3) and 16(1)