The Hon. Miss Justice Andrea Thomas

Application to strike out - Action on the case - The tort of negligence from a motor vehicle accident - Limitation of action - Computation of time - Whether the day of the accident is excluded from the reckoning of time.

Land Law - Breach of Contract - Specific performance and damages - Oral Agreement - Claimant alleges that the oral contract was later reduced to writing for the purpose of transfer of title - Whether the unavailability of the written contract is fatal to the claim - Whether there are sufficient acts of part performance - Whether these acts are referable to an oral agreement for the sale of land or to a tenancy.

Application for Leave for Judicial Review - Whether there is a discretionary bar of delay - Whether the fact that the Applicant was in communication with the decision maker, seeking clarification, suspends the running of time. Whether the court can grant an extension of time in the absence of an application from the Applicant for an extension of time- Whether there is an arguable ground with a realistic prospect of success. (Rule 56).

Motor vehicle Accident - Negligence - Breach of duty of care.

Application for interlocutory injunction - Whether there is a serious issue to be tried – Whether damages are adequate – Whether the application is in the nature of a permanent injunction - Whether an injunction can be granted at the interlocutory stage where there is no claim for permanent injunction in the Claim - Whether it is necessary to make a distinction between mandatory and prohibitory injunction - (Rule 17 of the Supreme Court Civil Procedure Rules, 2006.)

Division of Matrimonial Property - Family Home - Whether the equal share rule should be varied - Mortgage registered against the title of the Family Home - Whether the mortgage was a joint venture or personal debt - Other Property - No financial contribution by wife - Whether non-financial contribution established. (Section 6, 7, 13, 14 ,15 and 17 of The Property (Rights of Spouses) Act.

Motor vehicle accident - Negligence - Breach of duty of care - Assessment of damages - Special damages - Medical expenses - Whether the claimant is entitled to claim portion of expenses paid by his Health Insurance - Future medical expenses - No mention of this item in the particulars of claim or the claimant’s evidence - First time it is mentioned is in the supplemental submissions - Whether the Claimant is entitled to an award - General damages - Pain and suffering and loss of amenities - Handicap on the labour market.

Application for Leave for Judicial Review - Whether there is a discretionary bar of delay - Whether time begins to run from the date of the decision/order or from the date of service of the notice of the decision. No application for extension of time - Whether the Court can on its own motion grant an extension of time.

Ownership of Land - Constructive Trust - Whether there is Sufficient Evidence of Common Intention - Proprietary Estoppel - Defendant admits receiving a sum of money - Whether moneys advanced was a loan or whether there is sufficient evidence of encouragement, promise or assurance to build on the land, giving rise to a reasonable expectation of proprietary interest in the land.

Assessment of Damages - Pain and suffering and loss of amenities - Loss of earning - Loss of Future earning - Future care.