2025

Judicial Review – Committal proceedings – Committal proceedings conducted by a single judge of the parish court sitting as an examining justice in a court of petty sessions – Accused person committed to stand trial in the circuit court for the offence of murder – Whether the decision of the examining justice is amenable to judicial review – Whether the statutory requirements for a committal on paper were complied with – Whether the impugned witness statement met the statutory requirements for admissibility – Whether the impugned witness statement purports to be signed by the maker and the r

Civil Procedure Rules – Rule 26.3(1) (a)(b)(c) – Rule 26.3(1)(a) – Whether the claim should be struck out for failing to comply with a rule of the CPR – Rule 8.9

Application to strike out amended acknowledgement of service - Application for matter against defendant to be struck out – Crown Proceedings Act – Estoppel by Representation

Application to strike out defence – Rules 3.12(1), 3.12(2), 3.12(3), 3.12(4), 3.12(8), 3.13(1) – Rules 10.5(5), 10.5(7), 10.7, 10.5(3)(c) – Rules 26.3(1)(a), 26.3(1)(b), 26.3(1)(c) of the Civil Procedure Rules

Tort – Negligence – Motor Vehicle Collision – Liability for Collision – Whether or not the Defendant Was Negligent in her Operation of the Motor Vehicle and was Fully Liable for Colliding with the Claimant – Whether or not the Claimant Contributed to the Collision and the Extent of her Contribution.
Assessment of Damages – Quantum of General and Special Damages –  Fracture to Tibia with Permanent Partial Impairment – Loss of Earning Capacity.

Breach of Contract – Professional Negligence – Fraud – Ownership of Intellectual Property for Work done during Employment

Civil Procedure - Civil Procedure rule 20.6 - Amendments to particulars of claim after limitation period - Whether amendments prohibited on the ground that they set up a fresh claim in negligence after expiration of the limitation period - Whether the court should exercise its discretion to permit the proposed amendments.

Civil Procedure Rules – Rule 15.2 – Whether the defendants have a real prospect of successfully defending the claim – Rule 26.3(1) – Whether the defence discloses reasonable grounds for defending the claim – Law of Real Property – Joint tenancy – Whether right of survivorship defeated

Constitutional Law – Mentally disordered defendant charged with murder - Found
unfit to plead by jury – Detained for some 50 years at Governor General’s pleasure – Whether detention lawful – Periodic reviews not done for some 42 years – No legal assistance provided to claimant during detention - The Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011, sections 13 (3)(a), (e), (f), (g), (h), (i), (j), (o), (p), (r), 13(6), sections 14 (1)(a) 14(5) , 16(1), 16(2), 16(5),16(6)(c), & 16(10).

Injunction – Interim Relief – Is there a serious issue to be tried – Would damages be an adequate remedy – Is the claim one for monetary compensation – Where does the balance of convenience lie – Judicature (Supreme Court) Act section 49h – Civil Procedure Rule 17.1