2023

Civil Procedure Rules – Setting aside judgment given in party’s absence –
whether the applicable rule is rule 39.6 or rule 13.2 – Rule 39.6 - Whether good
reason given for absence of defendant – Whether some other order would have
been made if the defendant had been present.

Civil Procedure Rules - Application for permission to file defence out of time - CPR 10.3(9), - Application to enter default judgment - CPR 12.3(1), CPR 12.3(6)

Application to correct the Court’s record – Acknowledgment of Service- Whether limited for the purpose of injunction only- Whether service of Claim Form valid.

Civil Procedure Rules - Request to enter Judgment in Default of Defence – Application to set aside Request for Judgment in Default of Defence - Application for permission to file Defence out of time - CPR 10.2, 10.3(9), 11, 12.5, 13.2, 26.8, 26. (1) (2) (c).

JUDICIAL REVIEW - Civil Procedure Rules - Part 56 of CPR – Constitutional law –– Breach of Public Service Regulations – Staff Orders for Public Service – Performance Management Appraisal System (PMAS) guidelines – Delay in completing job performance reports and PMAS appeal process – Right to fair hearing within reasonable time under Section 16(2) of the Charter of Fundamental Rights and Freedoms – Mandamus – Declaration – Damages.

Negligence - Expert evidence – Whether expert evidence should be disallowed - Damages.

Civil procedure - Application to Strike out Claim – Statement of Claim is an Abuse of Process - No reasonable ground for bringing the claim – Civil Procedure Rules, 2002, rule 26.3(1) (b) (c)
Civil procedure - Application for Summary Judgment - Civil Procedure Rules, 2002, rule 15.2

Civil Procedure – Application to set aside Default Judgment – Whether the requirements for entering a Default Judgment for failure to file Acknowledgment of Service or Defence have been met – Whether Default Judgment should be set aside – Prejudice – Overriding Objective – Civil Procedure Rules 2002 (as amended) 1.1.12.4,12.5,13.3 (1) and (2).

Application for Injunction – Breach of Contract – Whether or not Interim Injunction
should be granted – Whether There is a Serious Issue to be Tried

Judicial review -  Certiorari - Redundancy - Effect of waiver - Considerations of the
Minister under Labour Relations and Industrial Disputes Act - What is a dispute withdrawal of the referral by the Minister – Sections 11A(1)(a)(i) & 11A(3) Labour
Relations and Industrial Disputes Act.