2021

Application for extension of time to file Defence – Mandatory setting aside of Default Judgment – Rules 10.3(9) and 13.2(1)(b) of the Civil Procedure Rules (CPR)

Division of Matrimonial Property - Family Home - Whether the equal share rule should be varied - Mortgage registered against the title of the Family Home - Whether the mortgage was a joint venture or personal debt - Other Property - No financial contribution by wife - Whether non-financial contribution established. (Section 6, 7, 13, 14 ,15 and 17 of The Property (Rights of Spouses) Act.

Assessment of Damages – Personal Injury

Injunction - Freezing order - Principles to be applied - Whether real risk of dissipation has been established

Civil Procedure - CPR 26.3 and 26.9 - Application to strike out statement of case for failure to comply with court order where no consequence for failure to comply was specified - Delayed compliance - Considerations.
Matrimonial Property - PROSA - Section 13 (2) application for extension of time to bring claim for division of property - General considerations - Stage of proceedings at which application made.
Survivorship - Severance of joint tenancies and interests jointly held.

Civil Procedure - Part 37 of the CPR – Setting aside a notice of discontinuance - Whether the filing of the notice of discontinuance amounts to an abuse of process.

Negligence - Motor vehicle collison - Personal injuries - Liability - Road Traffic
Act - Fatal Accidents Act – Law Reform (Miscellaneous Provisions) Act

Sentencing after trial - Offence of Knowingly Possessing Identity Information - Section 10(1) of the Law Reform (Fraudulent Transactions) (Special Provisions) Act, 2013

Practice and procedure - Application for Summary Judgment - Principles - Part 15. 2 (b) of the Civil Procedure Rules
Mediation clauses – Application for stay of claim in favour of mediation - Principles to be applied - Whether similar to stay in favour of arbitration – Effect if any of steps taken in the proceedings.
Promissory note - Validity - Defences - requirement of stamping - Whether claim based on promissory note or whether promissory note is being used as supporting evidence only

Summary judgment – Principles to be applied
Striking out – Principles to be applied - Whether available on the basis of statutory limitation – Whether reasonable grounds for bringing claim - Civil Procedure Rule 26.3 (1) (c)
Limitation of actions – Principles to be applied