2021

Constitutional Law – Whether breach of constitutional rights – Right to equitable and humane treatment by public authority – Right to enjoy healthy and productive environment – Right to protection from torture, or inhuman or degrading punishment – Whether claimant provided with access to life-saving food and medication, meals and medication in a timely manner and adequate access to medical and dental care.

Claim for entitlement in property - Property (Rights of Spouses) Act, S. 2, 6,7,10,12,13  and  14 -  Family home - Equal share rule - Displacement /varying of the equal share rule 

Claim for conversion and detinue – Distinction between conversion and detinue – Remedies available in conversion and detinue – Whether the defendant received all of the disputed items – Which of the disputed items, if any, the defendant received, as gifts – Whether the defendant entered into a contractual agreement with the claimant to supervise the construction of the claimant’s house – Whether the defendant purchased and shipped any of the disputed items – Measure of damages for conversion and detinue – Quantum to be awarded as special damages to the claimant – Making of an award for loss

Claim for declaration of entitlement to property by ‘Adverse Possession’

Civil Procedure – Application to strike out ancillary claim and ancillary particulars of claim for improper procedure – Whether nullity or procedural error - Issue estoppel - application to strike out amended defence after the limitation period – Civil Procedure Rules Parts 18, 20 and 29.

Assessment of Damages – Degloving injuries to both legs, fracture injury to left
tibia and fibula - Amputated left leg above knee -  PPD 85% of relating to the leg –
Handicap on the Labour Market – Future Loss of Earnings – Future Prosthesis.

Division of matrimonial property - Property (Rights of Spouses) Act - Claim for 50% share in property - Parties separated - Application brought more than twelve months after date of separation - No extension of time granted - Whether claim can proceed under section 13 of the Property (Rights of Spouses) Act - Whether section 11 applies - Whether rules of common law and equity apply

Civil Procedure – Application to strike out ancillary claim and ancillary particulars of claim for improper procedure – Whether nullity or procedural error- Issue estoppel - Application to strike out amended defence after the limitation period – Civil Procedure Rules Parts 18, 20 and 29.

Civil Procedure – Wasted Costs Orders – CPR 64.13 and 64.14

Application to modify restrictive covenants – Whether covenant obsolete – Whether the existence of the covenant impedes the reasonable use of the land – Whether modification injures the persons entitled to the benefit of the restriction