2021

Malicious Prosecution – Trespass – Assessment of damages

Motor Vehicles Insurance (Third-Party Risks) Act s. 18 – Release and discharge - Default judgment granted in the Parish Court against insured – Whether the third party can recover the judgment from the insurer.

Assessment of damages – Commercial interest – Assessment of interest rate – Requirement to particularise fraud – Exemplary and punitive damages

Recognition and enforcement of arbitration award - Receiver- Appointment in aid of protection of property - Principles to be applied – Property assigned - Whether applicants will be entitled to claim property during subsequent enforcement proceedings - Whether real risk of dissipation of property which is currently the subject of sanctions imposed by a third party state

Civil Procedure - Application to file defence out of time Civil Procedure Rule (CPR) 10.3 and 26.1 - Whether an applicant is permitted to make more than one application to file defence out of time -  Res Judicata

Civil Procedure - Application for relief from sanctions - Unless Order against
litigant in person.

Civil Procedure – Claim form filed shortly before the expiration of the limitation period - Application to extend the time to serve a claim form filed within the life of the claim amended application filed after the claim had expired- Whether the application can be granted where the defence of limitation has accrued.

Civil Procedure - Application to discharge or vary final charging order -
whether Intervener is an interested person within the meaning of CPR
48.6(2)(a) - whether charging order properly attaches to property not
specifically identified in the application or order.

Property Rights of Spouses Act - Application to extend time to file a claim – Criteria by which the court is to exercise its discretion - Overarching principle is fairness