Application for relief from sanction after sanction applied –– What was the sanction which applied for failure to file witness statement in time –– When did the sanction take effect –– Whether the application was made promptly –– Whether the state of mind of the applicant ought to be considered –– Ignorance as to the true state of the law ––Whether the failure to comply was intentional –– Whether there is a good explanation for failure to comply –– Whether the claimant generally complied with orders of the court –– Witness summary –– Whether non-compliance has been remedied –– Effect of gra
Claim for conversion and detinue – Distinction between conversion and detinue – Remedies available in conversion and detinue – Whether the defendant received all of the disputed items – Which of the disputed items, if any, the defendant received, as gifts – Whether the defendant entered into a contractual agreement with the claimant to supervise the construction of the claimant’s house – Whether the defendant purchased and shipped any of the disputed items – Measure of damages for conversion and detinue – Quantum to be awarded as special damages to the claimant – Making of an award for loss
Judicial review – Application for leave to apply for judicial review – Threshold test: Whether the applicant has an arguable case for judicial review with a realistic prospect of success - Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principles of illegality and irrationality – Whether statutory authority acted illegally and irrationally - Duty to give reasons – Whether the decision of the statutory authority should be set aside for failure to give reasons
Application to set aside default judgment – Whether the defendant was served with originating documentations – Default judgment allegedly irregularly entered – When did the defendant became aware of the default judgment – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success
Constitutional law – Breach of right to a fair trial within a reasonable time – Delay
in judgment being delivered – Impossibility of judgment being lawfully delivered
the Judge having retired – Whether a retrial ought to be ordered – Burden of
proof as regards whether a retrial ought to be ordered – Remedies – Whether
compensation ought to be awarded to the claimant as damages arising from the
breach – Assessment of sum to be awarded – Whether award can include
damages and costs in original claim – Charter of Fundamental Rights and
Application to set aside default judgment – Whether there is a good explanation for the failure to file an acknowledgment of service within time – Alleged default of applicant’s insurers – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Application made almost a year after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success – Reliance on hearsay evidence
Application for the status quo to remain – Application for the parties to agree on an independent person - Res Judicata - Application for injunction – Administrator’s rights and duties - Intermeddling in estate - Balance of Justice - Whether the grant of the interim injunction will have the effect of giving the claimant judgment without a trial
Assessment of damages – General damages – Special damages – Mitigation of losses – Claim for loss of earning capacity – Claim for future medical expenses
Application for relief from sanction after statement of case struck out –- Whether the application was made promptly – Whether the claimant’s failure to comply was unintentional – Whether the claimant’s alleged impecuniosity is a good explanation for his non-compliance – Whether the claimant has generally complied with all other relevant rules, practice directions, orders and directions – Rule 26.8 of the Civil Procedure Rule
