2025

Civil Procedure - Application for extension of time to apply to appeal decision and for leave to appeal decision of the Revenue Court.

Property Law - Contract for Sale of land – Unless order for delivery of title – Whether title with a three metre road reservation complied with order – Counter claim for trespass and breach of contract – Whether damages pleaded or proved – Judgment unenforceable until agreement stamped.

Costs - CPR Rules 64 and 65 – Interlocutory injunction refused – Whether costs should be reserved – Whether there is a general or “normal” rule – Whether decision of English Court of Appeal binding – Whether taxation should be immediate. 

Civil procedure – Striking out – Application to strike out claimant’s statement of case – Whether the claimant’s statement of case ought properly to be struck out – The approach of the court in dealing with an application to strike out – Whether the claimant has sufficiently particularized the claim – Whether the claimant’s statement of case as framed constitutes an abuse of the process of the court – Whether the claimant’s statement of case is prolix, frivolous and vexatious and without merit – Whether the claimant’s statement of case discloses any reasonable grounds for bringing the

Civil Procedure - Application for Summary Judgment - Whether Defence and Counterclaim have a real prospect of success – Whether Defence to be struck out for not disclosing reasonable grounds to defend the claim - Civil Procedure Rules 15. 2 and 26.3

CIVIL PROCEDURE - Application by the claimant for summary judgment against the defendant and/or to strike out the defendant’s defence - Whether summary judgment should be granted in favour of the claimant against the defendant in light of the orders sought in the claimant’s claim form and particulars of claim, which were filed on September 1, 2022 - Whether the defendant’s defence, which was filed on October 27, 2022, should be struck out - Application by the defendant to strike out the claimant’s statement of case or, alternatively, for summary judgment in favour of the defendant - Wh

NEGLIGENCE - Employers Liability - Duty to Provide Adequate Plant and Equipment - Safe System of Work - Whether adequate training provided - Whether the Defendant is liable.

Civil Practice and Procedure - Rule 11.11 (4) (a) - Time for service of affidavits in support of application for court orders - Whether application to be made pursuant to rule 26.1(2) (c) or rule 26.8 where there is non-compliance with order to file response to affidavit evidence - Whether order limiting reliance on further affidavits imposes a sanction to which rule 26.8 goes in aid - Rule 26.17 - considerations for variation of court orders.
Limitation of Actions Act - Section 56 - Whether exception applies to extend the limitation period for actions in negligence.

Revenue Procedure - Revenue Court Rules 1972 - Rule 32 - Consolidated application to extend time to appeal and the appeal - Consideration on applications to extend time to appeal.
General Consumption Tax Act - Section 40 (4) (b) - Whether decision handed down after six months of receipt of objection is attributable to the taxpayer - Whether the additional assessment to GCT is wrong in principle and/or excessive in amount and therefore erroneous.

Negligence - Liability for motor vehicle collision - Personal injury - Assessment of damages.