Sections 2 and 6 of the Property (Rights of Spouses) Act – Whether the Claimant is a spouse as defined by the Property (Rights of Spouses) Act – Division of property – The definition of the family home – Principal family residence.
Medical Negligence – No evidence on behalf of the Doctor who performed the procedures – What is the duty of care owed to a patient by a person who holds himself out as a specialist – Damages
Application to strike out /or in the alternative to enter summary judgment – Delay
of Two Years for the hearing of the application – Request for adjournment refused
– Breach of Contract – Statute of Limitations for matters involving contract.
Judicial Review – Section 9 of the Education Act – Section 7 of the Schedule to the Edna Manley College for the Visual and Performing Arts Scheme (Approval) Order – Regulation 55 of the Education Regulations – Illegality – Procedural Impropriety – Bias
Civil Procedure- Application to strike out Claimant's statement of case - Rule 26.3 (1) - Whether there are reasonable grounds for bringing the claim - Abuse of the process of the court - Whether there are reasonable grounds for bringing or defending the claim - Res judicata - Non-compliance with court order
Sections 55, 56, 57, 58, 84, 85, 86, 87 and 89 of the Proceeds of Crime Act - Rules 8.3 (1), 10.8, 10.9, 10.10 of The Judicature (Supreme Court) (Proceeds of Crime) Rules, 2021 - Parts 10 and 12 of the Civil Procedure Rules, 2002- Application for Leave to Enter Judgment in absence of Defence - Civil recovery orders- Recoverable property - Unlawful conduct - Default judgment
Application to strike out Claim – Failure to serve Claim Form within the six-month period – whether the Claimant had the authority to accept service on behalf of the Defendant – whether the Claim Form was effectively served on the Defendant giving rise to entry of Default Judgment – whether Default Judgment can properly be entered against the Defendant – whether the claim ought to be struck out for failure of service. Rules 5.7, 7.5, 8.14(b), 8.14(1): 8.15(1), (2), 8.15(3); 10.3(1), 12.4; 12.5, 12.7; 26.3(1)(a) and 26.3(1)(b) of the CPR as amended.