2023

Civil Procedure – Part 20 of the Civil Procedure Rules – Application for amendment of claim – Expiry of limitation period – Whether amendment should be granted – Application to add special damages – Whether affixing documents to the particulars of claim amount to pleading items of special damages

Negligence – Shooting by Police Officers – Breach of Duty of Care – Whether there was an armed felon fleeing – Whether the police was acting in lawful self-defence and/or execution of their statutory duties – Innocent Bystander – Assessment of Damages – General Damages – Special Damages – Constabulary Force Act s. 13

Partnership - Sub partnership – Conduct in support of oral agreement - Estoppel by conduct where oral agreement – Will - Forgery – Expert Witness.

Expert evidence - Doctor appointed expert witness - Impartiality of expert witness - Admissibility of medical reports - Whether comments made by doctor in medical reports render the reports inadmissible - Part 32 Civil Procedure Rules 2002

Insolvency Act- Sections 185, 192, 193, 194 and, 201 – Secured creditor- Whether Proof of Claim and/or Proof of Security - Whether Trustee had authority to disallow – Whether Trustee had lawful reason to disallow - Appeal pursuant to section 201(5) - Whether a rehearing – Whether Trustee should bear costs.

Civil Practice and Procedure – Application to Remit Matter to the Parish Court – Principles involved in Transferring a matter from the Supreme Court to the Parish Court. Civil Practice and Procedure – Amendment of Pleadings After Case Management Conference – Whether or not Amendment is Valid Where Amendment Done Without Permission.

Application for Injunction – Application for Declaration of Interest in Property – Whether or not Interim Injunction should be granted – Whether There is a Serious Issue to be Tried – Whether or not the Title of the deceased was extinguished via adverse possession – Sections 4, 9 and 30 of the Limitation of Actions Act. 

Equity – Injunction – Interlocutory Injunction – Serious issue to be tried – Adequacy of damages – Adverse possession 

Judicial Review – Conflict of Interest – Apparent Bias – Unconscious Bias – Breach of Constitutional Right to a Fair Hearing by an Impartial Court 

Civil Procedure – Specific disclosure – Requirements for specific disclosure – Time for ordering Specific Disclosure - Whether the documents to be disclosed are directly relevant – Whether Specific Disclosure is necessary to dispose fairly of the claim or to save costs – Civil Procedure Rules 2002 (as amended) – CPR 1.1, 28, 34.1, 64.6 and 65.8 (3) – Defamation Act section 20(3) – General Consumption Tax Act sections 26 and 28