2022

Application to commit for breach of order - Whether applicants complied with requirements of Part 53 - Whether the application should have been commenced by Fixed Date Claim Form - Whether respondent bound by order of the court - What order is appropriate.

Constitutional Law – Whether claimant’s rights under section 16(2) of the Charter of Fundamental Rights and Freedom breached – Whether a non - State entity bound by section 16(2) rights - Whether claimant had an alternative remedy.

Tort – Breach of statutory duty – Whether a statutory duty of care is imposed on the highway authority – Whether the highway authority breached the statutory duty – Liability of highway authority Occupiers’ liability – Common duty of care – Degree of care – Use of the highway – Motorist injured while using the highway – Unidentified object thrown by unidentified persons from overhead bridge along the highway –Object impacted motorist – Whether the highway is considered to be premises in accordance with the statute – Whether the highway authority is an occupier – Whether motorist is a visito

Renewed application for leave to apply for Judicial Review – Parish Court Judge ruled evidence admissible - Whether ruling goes to jurisdiction - Whether arguable case with real prospect of success - Whether alternate remedy available by way of appeal.

Civil Procedure: Application for Summary Judgment on a FDCF – Summary
Judgment – Whether court can correct error in Application – Application to Strike
Out

Civil Procedure: Application to Strike Out – Claim for Constitutional Relief when
alternative remedy Available - Breach of reasonable expectation of Fairness - Abuse of the Constitutional Protection of Freedom of Expression - Negligence -Defamation Act – Application of Section 33 and 33(5)(a) of the Defamation Act, 2013 - Limitation of Actions Act.

Contract Law - Breach of contract - Construction of Contract - Services provided under seven separate contracts - Parol evidence rule

Company Law - Civil Practice and Procedure – Civil Procedure Rule 27.2 (8) – Fixed Date Claims (First Hearings) – Section 212 of the Companies Act – Application for Leave to bring Derivative Action in the name and on behalf of the company – Statutory requirements to be met (reasonable notice, good faith & appears to be in the interest of the company) – Section 213 of the Companies Act – Court’s Powers.

Civil procedure - Application for recusal - Whether judge disqualified by reason of conflict of interest - Apparent bias.

Civil Procedure application to set aside default Cost Certificate - Rule 65.22 of the
Civil Procedure Rules - Whether good reason exists for application to be set aside