Master Mrs. Natalie Hart-Hines

Civil Procedure – Application by insurance company to set aside order for service by a specified method – Considerations for the Court.

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form – Rule 8.15(2) of the Civil Procedure Rules.

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Claim commenced by way of fixed date claim form – No proof of service of fixed date claim form – Claim form and particulars of claim subsequently filed with the same claim reference number and served – Application to convert proceedings to claim form filed but not determined – Application to enter judgment in default filed and heard – Whether default judgment entered in respect of claim form is irregular – Whether good explanation provided for the failure to file a defence – Whet

Civil procedure – Application by defendant to extend the time within which to file defence – Civil Procedure Rules, rule 10.3 – Application by claimant to strike out defendants’ statement of case – CPR rule 26.3(1) – considerations for the Court.

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules.
Civil procedure – Whether rule 6.8 applies to the claim form – Whether it would be appropriate to dispense with the service of the claim form.

Civil procedure – Application for summary judgment – Rule 15.2 of the Civil Procedure Rules.
Civil Procedure – Amendment of statement of case before Case Management Conference – Application to strike out statement of case – Rule 26.3(1) of the Civil Procedure Rules – Whether additional claims amount to new causes of action – Whether additional claims are statute barred.

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Irregularly obtained default judgment – Application to set aside default judgment pursuant to rule 13.3 – Tests to be applied.
Civil procedure – Whether the court’s power to dispense with the service of a document in rule 6.8 applies to the claim form.

Limitation of actions – Application for an enlargement of the time for filing a claim form under the Fatal Accidents Act – Considerations for the Court.

Civil procedure - Substituted service - Application by insurance company to set aside order for substituted service - Tests to be applied.

Claim for recovery of possession and for damages for trespass – Proceedings brought by fixed date claim Form – Defence of adverse possession – Procedural objection – Whether proceedings ought to have been commenced by means of claim form – Whether conversion of proceedings appropriate.