Application to amend statement of case – Rule 20.4 of the Civil Procedure Rule (CPR) - Whether the Statement of Case can be amended after the limitation period.
Rule 13.3 of the Civil Procedure Rule as amended (2006) – Application to set aside Default Judgment – Whether the 2nd Defendant has a real prospect of defending the case – Delay in making the application –whether there is a good reason for failing to file an Acknowledgment of Service
Application to Set Aside Default Judgment – Rule 13.3 of the Civil Procedure Rules (CPR) as amended [2006] Failure to file Defence in time – Whether inordinate to make Application to Set Aside Default Judgment – Realistic Prospect of Success
The Property Rights of Spouses Act - Application for declaration of half interest in the family home - Variation of statutory equal share rule - Whether section 7 factor exists to displace 50/50 presumption.
Civil procedure – Claim form filed close to the expiration of limitation period –
Application to extend the validity of the claim form filed within life of the claim form
– Whether it is appropriate to extend validity of the claim form after claim became
time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.
Civil Procedure - Defendant company removed from the Register of Companies prior to trial date –
Whether trial can proceed in the absence of the defendant pursuant to the Rule
39.5 of the Civil Procedure Rules, 2002, as amended – Whether the defendant
company must first be restored to the Register of Companies – Effect of restoration
pursuant to sections 336(1) and 337(6) of the Companies Act on the current
proceedings.
Civil procedure – Application to set aside judgment in default – Whether the
defendants have demonstrated that they have a real prospect of successfully
defending the claim – Whether judgment was irregularly entered as a result of
the signature of the claimant’s attorney being affixed to the judgment in default
order – Rules 13.2, 13.3 and 21.8 of the Civil Procedure Rules, 2002, as amended.
Civil procedure – Application for relief from sanctions after statement of case
struck out and judgment entered against the defaulting party – whether
applicants have provided a good explanation for non-compliance with case
management orders – Rule 26.8 of the Civil Procedure Rules, 2002, as amended.