2020

Burden of proof on claimant to establish that vehicle and driver involved in accident correctly identified and that correct party is before the court based on the principles of vicarious liability and the separate legal personality of a company. Importance of statement being in compliance with rule 29. 4 (2) of the Civil procedure Rules when a witness is illiterate

Property dispute – Claim for 50% interest in properties – Parties unmarried – Dwelling houses built on lands not owned by either party –– Whether family home – Whether the equal share rule should apply – Property (Rights of Spouses) Act

Motor vehicle accident – Doctrine of Res Ipsa Loquitur inapplicable where there is evidence of how accident occurred – No case submission where defendant not put to election – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Evidence of Accident Reconstruction Experts

Land Dispute – Whether title obtained by fraud – Registration of Titles Act (RTA), ss. 70, 161(d) & 162 – Expert Evidence

Negligence – motor vehicle accident – pedestrian – credibility of parties – no independent eye witness

Employer’s Liability – Components of duty of care owed by an employer to an employee – Whether employee contributorily negligent – Quantum of Damages for injuries including electric shock

Damages - Assessment of damages based on undertaking given on obtaining an
interlocutory injunction

Civil practice and procedure - Application to Strike out- Application for Summary Judgment - Whether defence complies with rule 10.5(4) of the Civil Procedure Rules - Whether defence amounts to a bare denial or whether the defence of inevitable accident is made out.

Application for leave for Judicial Review - Part 56.6 Of The Civil Procedure Rules - Delay - Whether the Applicant has a realistic prospect of success - Section 25(2) Of The Interpretation Act, 1968 - The Proceeds of Crime Act - Charges being laid pursuant to the provisions Money Laundering Act, 1998 (Repealed)

In Admiralty - Application to strike out claim - Claim for payment for bunker fuel- Whether claim in rem – Whether supply of fuel gives rise to a lien on the vessel- Whether contract with ship owners - Counterclaim for wrongful arrest – Whether summary judgment to be entered on counterclaim.