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
Tort – Negligence – Motor Vehicle Collision – Liability for Collision – Whether or not the Defendant Was Negligent in her Operation of the Motor Vehicle and was Fully Liable for Colliding with the Claimant – Whether or not the Claimant Contributed to the Collision and the Extent of her Contribution.
Assessment of Damages – Quantum of General and Special Damages – Fracture to Tibia with Permanent Partial Impairment – Loss of Earning Capacity.
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 Defendant for the offences under the Town and Communities Act and the other offences – Whether the Claimant was entitled to resist an unlawful arrest - Assault – Whether the 2nd Defendant Assaulted the Claimant - Statute – Town & Communities Act, Sections 11 and 23 - Constabulary Force Act, Sections 15, 30 a
Administrative Law – Application for Leave to Apply for Judicial Review out of time – principles involved - Application for Leave to Apply for Judicial Review – whether Applicant has a good arguable case with a real prospect of success - Application for Leave to Apply for Judicial Review – Whether or not the failure to give reasons for their award is a valid ground for leave to be granted for judicial review of the decision of the IDT – Application for Leave to Apply for Judicial Review – Whether or not the IDT gave a clear reason for refusing to admit evid
Civil Practice and Procedure – Application to amend defence – Late stage amendment – Whether Amendment to defence permissible – Principles applicable to late stage amendment.
Civil Practice and Procedure – Commencement of action – Filing of claim form – Rule 8.1 – When is a claim commenced – Whether date for commencement of action can be extended under rule 3.2(5).
Civil Practice and Procedure – Commencement of Action – Filing of Claim Form – Rule 8.1 – When is a Claim Commenced – Whether Date for Commencement of Action can be extended under rule 3.2(5) Where the Period for Doing an Act Requiring the Court’s Action Ends on a Day When the Court’s Office is Closed.
Statutory Interpretation - Limitations of Actions Act – When Limitation Period Ends in a Case Involving a “Fraction of a Day”.
Civil Practice and Procedure – Application to Set Aside Default Judgment – CPR Rule 13.3 – Whether or not the Defendants have a Defence with a Real Prospect of Success
Civil Practice and Procedure – Application for Summary Judgment – Whether the
Defendant has a Defence With a Real Prospect of Success in Whole or in Part
Concerning Whether or not the Claimant was Involved in the collision or injured
in the Collision
Civil Practice and Procedure – Application for Injunction – Whether there is a Serious Issue to be Tried – Whether or Not the Claimant Has Established a Case with a Real Prospect of Success in Nuisance Against the 1st and 4th Defendants.
Civil Practice and Procedure – Application for Injunction – Whether Damages is an Adequate Remedy for the Claimant – Whether the Balance of Convenience Lies with the 1st and 4th Defendants or the Claimants in their Competing Interests to Enjoy the User of their Respective Properties.
Civil Practice and Procedure – Application to Set Aside Default Judgment Entered on a Counterclaim – CPR Rule 13.3 – Whether or not the Claimant has a good explanation for failure to comply with the CPR to File a Defence to the Counterclaim – Whether or not the Claimant has made the appropriate application – Should they have applied for relief from sanction or whether it should have been an application to set aside default judgment – Whether or not the Claimant has a Defence with a Real Prospect of Success.