2025

Tort – Malicious Prosecution – Whether or not the 2nd Defendant had reasonable and probable to prosecute the Claimant for the offences charged.

False Imprisonment – Whether or not the 2nd Defendant lawfully arrested and detained the Claimant – Whether or not the length of time for which the Claimant was held before being considered for bail or before facing the Court was unreasonable.

Civil Practice and Procedure – Application to Amend Particulars of Claim – Application to Amend Particulars of Claim to Add New Cause of Action Outside of Limitation Period – Whether New Cause of Action Founded Upon Same Facts as Already Pleaded – Whether Amendment at this Stage Should be Allowed.

Application to set aside orders made on a Fixed Date Claim Form - Application for Inunction – Factors to consider

Summary judgment – Breach of contract – Whether contract is unenforceable for being in breach of Statute – Statutory illegality vs Common-Law Illegality – Unjust enrichment – Breach of contract

Civil Procedure - Application to strike out claim for abuse of process – Whether claim barred by issue estoppel, res judicata or a collateral attack on an earlier decision – the effect of the filing of an appeal against the earlier decision – Civil Procedure Rules 26.3(1)(b), 26.1(2)(e)

Injunction – Application for interim injunction – Whether the threshold test for the grant of an injunction has been met – Whether the applicant has demonstrated on a preponderance of the evidence that there is a serious issue to be tried – Fraud – Whether there is sufficient cogent evidence before the court to establish fraud – Presumption of advancement – Whether the presumption of advancement has been rebutted on the evidence – Balance of convenience – Whether the balance of convenience lies in favour of granting the injunctive relief sought – Damages.

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