The Hon. Mrs. Justice Lisa Palmer Hamilton

Negligence Medical negligence Contributory negligence Application of the test in Bolam v Friern Hospital Management

Leave to apply for judicial review – Rule 56.4 of the Civil Procedure Rules – Considerations to determine promptitude of application for leave to apply for judicial review – Rule 56.6 of the CPR – Arguiable ground for judicial review having a realistic prospect of success.

Disclosure – Specific disclosure from a 3rd party – Norwich Pharmacal Relief – Parts 26 and 28 of the Civil Procedure Rules considered – Whether Norwich Pharmacal relief achieves fairness in a court trial – Jurisdiction of Norwich Pharmacal Principle – Mere Witness Rule – Standard of necessity and proportionality.

Civil Procedure-Substitution of parties - Rule 19.4 of the Civil Procedure Rules 2002- Significance of relevant limitation period in the context of Rule 19.4 and the Limitation Act - Service out of the jurisdiction – Rules 7.3 and 7.5 of the Civil Procedure Rules 2002 considered - Without prejudice communication – Legal principles governing without prejudice communication

Default judgment – Application to set aside default judgment – Criteria to be satisfied – Definition of ‘real’ in real prospect of successfully defending Claim – Whether Ancillary Claim filed is a nullity.

Civil Practice and Procedure - Notice of application to set aside default judgment - Civil Procedure Rules, 2002, Rules 13. 2 and 13.3

Addition and Substitution of Parties – Whether party by virtue of his registered interest in a property as a mortgagee has a right to be added as party to a Claim – Rules 19.3 and 19.4 of the Civil Procedure Rules considered – Significance of relevant Limitation period in the context of Rule 19.4 and the Limitation Act – Consolidation

Application for extension of time to file Defence – Summary Judgment – whether there is real Prospect of successfully defending claim – Rule 15.2 of the Civil Procedure Rules

Lease Agreement with arbitration clause – Application for stay of proceedings - Whether applicant ready and willing to do all things necessary to the proper conduct of arbitration – Proof required in readiness and willingness - Section 5 of the Arbitration Act