Civil Procedure - Rule 26.8 of the Civil Procedure Rules - Application for relief from sanctions - Whether the defendant’s application for relief from sanctions ought to be granted - Whether the application was made promptly
Civil Procedure - Rule 11.16 of the Civil Procedure Rules - Application by insurance company to set aside service pursuant to order made under rule 5.14 of the Civil Procedure Rules - Whether service on an insurer would allow the defendant to ascertain the contents of the documents - Whether the insurer took reasonable steps to locate and effect service on the defendant.
Civil Procedure - Application to amend statement of case to add new causes of action, defendants and reliefs - Whether limitation period has expired - Whether new allegations amount to new causes of action - Whether defendants should be added after expiry of limitation period. Civil Procedure - Application for summary judgement - Whether the claimants have a real prospect of succeeding in the claim.
Civil Procedure - Rule 39.6(1) of Civil Procedure Rules - Application to set aside judgment given in defendant’s absence at trial - Whether good reason given for the defendant’s failure to attend trial - Whether some other order would have been made had the defendant or his counsel been in attendance.
Civil Procedure - Rule 15.2 of the Civil Procedure Rules - Application for summary judgment - Whether the claimant has a real prospect of succeeding on the claim against the 1st defendant - Vicarious liability - Whether hirer of a motor vehicle under a car rental agreement vicariously liable for the negligence of a party who hires the motor vehicle - Whether the hirer to be named as party in claim for negligence of hiree
Civil Procedure - Rule 26.1 of Civil Procedure Rules - Application to strike out claim - Whether there are reasonable grounds for bringing the claim - Issue estoppel - whether issue in claim subject to issue estoppel on the basis of it being the subject of Court of Appeal judgment; Defamation - Absolute privilege - Whether words spoken during trial by counsel subject to absolute privilege.
Application to enter default judgment - Application to strike out claim or alternatively for extension of time to file defence - Preliminary objection - Rule 21.7 of the Civil Procedure Rules - Whether claim which was commenced after the death of the defendant without a personal representative for the deceased’s estate being appointed is valid - Whether representative for deceased defendant’s estate can be appointed under rule 21.7 after the filing of the claim.
Civil Procedure - Rule 13.3 of the Civil Procedure Rules - Setting aside of default judgment - Whether default judgment entered against a party who was not named but who filed an acknowledgment of service admitting to service and intending an intention to defend the claim should be set aside - Whether the default judgment should be varied for entry against the named defendant where the named defendant did not file acknowledgment of service or defence - Rule 13.3 - Whether the default judgment for specified sum should be varied
Civil Procedure - Unless Order - whether unless order made against a deceased claimant is a nullity - Whether unless order took effect upon non-compliance of deceased claimant - Part 21 of Civil Procedure Rules - Whether administrator ad litem for deceased administrator’s estate should be appointed - Rule 64.13 of Civil Procedure Rules - Wasted costs order - Whether wasted costs order should be made against claimant’s attorneys.
Civil Procedure - Rule of the Civil Procedure Rules - Removal of executor - Law of Succession - Whether Grant of colligenda should be made - Law of Succession - Whether the chain of representation should be bypassed