2021

Charley's Windsor Hours Limited v Prime Minister and Minister of Economic Growth & Job Creation

Judicial review – Application for leave to apply for judicial review – Threshold test: Whether the applicant has an arguable case for judicial review with a realistic prospect of success - Doctrine of ultra vires – Whether statutory authority acted ultra vires – Principles of illegality and irrationality – Whether statutory authority acted illegally and irrationally - Duty to give reasons – Whether the decision of the statutory authority should be set aside for failure to give reasons

CEAC Outsourcing Company Limited v Natural Resources Conservation Authority, National Environment and Planning Agency, The North East Regional Health Authority et al

Amendments to Fixed Date Claim Form after Case Management Conference – Civil Procedure Rules 20.4 and 1.1 – New Cause of Action – Constitutional Claims – Charter of Rights 13(3)(h) – Whether Charter of Rights applies to Companies – Section 9 of Natural Conservation Authority Act – section 2(2) of the Natural -
Resources (Prescribe Areas) (Prohibition of Categories of Enterprise, Construction and Development) Order, 1996.

Williams, Kathleen v Lee, Devern

Application to set aside default judgment – Whether the defendant was served with originating documentations – Default judgment allegedly irregularly entered – When did the defendant became aware of the default judgment – Whether the application was made as soon as was reasonably practicable after finding out about the default judgment – Whether the proposed defence has a realistic prospect of success

Jones, Keneisha v Jones, Michael Lancelot Garrison

Property Rights of Spouses Act Sections 6 and 7 – Division of Matrimonial Home – Exceptions to the equal share rule – The factors that the court may consider in determining whether the equal share rule is to be varied.

Wright, Alrick v Farquharson, Donna

Civil practice and procedure - Interlocutory injunction - Whether there is a serious issue to be tried - Balance of inconvenience - Whether damages is an adequate remedy.

Phoenix Printery Limited v Ashcar Printing Solutions Limited

Contract – Pre-Incorporation contract- Whether adopted - Whether subsequent contract executed – Whether breach of contract to pay commission – whether breach of contract by claimant releases defendant from obligation to pay sums due under contract.

Regina v OGilvie, Everette

Sentencing after trial - Offence of knowingly possessing identity information - Section 10(1) of the Law Reform (Fraudulent Transactions) (Special Provisions) Act, 2013

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