Civil Procedure - Executors not parties to proceedings - Whether relief in the nature of administration claims can be sought and granted if pursued by way of Notice of Application for Court Orders in existing proceedings concerning the estate to be administered by executors.
Interpretation - Section 13(2) of the Trustees, Attorneys and Executors (Accounts and General) Act.
Civil Procedure - CPR Rule 69.4 - Scope of the rule - Whether the words complained of by the Claimant are capable of bearing the meanings attributed to them in the statements of case.
Civil Procedure - Application to discharge or vary final charging order -
whether Intervener is an interested person within the meaning of CPR
48.6(2)(a) - whether charging order properly attaches to property not
specifically identified in the application or order.
Matrimonial Property - Property Rights of Spouses Act - Spouses acquired home as joint tenants prior to marriage - Application to vary equal share rule - Marriage of short duration - Considerations - Unavailability of commercial interest for sums paid towards mortgage by one party after date of separation.
Civil Procedure - CPR 26.8 - Application for relief from sanction - Promptitude - Whether the failure to comply with court order was not intentional - Whether there is a good explanation for the delay.
Civil Procedure - In limine objection to further consideration of interim injunction granted ex parte - no order made by the court for the filing and service of claim form by specified date - applicant gave an undertaking in it application for without notice interim injunction to file and serve claim by a specified date - applicant failed to comply with own undertaking - court orally advised of the filing of claim form on the day of the hearing but not served on respondent at the time of the hearing - whether court is prevented from considering application further.
Civil Procedure - Whether insurer has the right to intervene or must obtain the leave of the court - Sufficiency of interest - Defendant deceased when insurance policy in respect of motor vehicle renewed by the insurer - Whether insurer should be permitted to intervene to set aside default judgment in the absence of notice or permission of the Defendant’s Estate as policy holder - Identity of the person who applied for renewal of policy of insurance not disclosed by the insurer.
Civil Procedure - CPR 26.3 - Application to strike out statement of case - Discloses no reasonable ground for bringing claim - Constitutional right to privacy of information - Building society and employees’ duty of confidentiality - Disclosure exceptions - Own interest and required by other law.
Application for indemnity costs on abandonment of the application for summary judgment at the hearing of application.