2023

Claim brought by way of Claim Form - Detinue - False Imprisonment - Constitutional Damages – Exemplary Damages - Aggravated Damages

Negligence – Occupier’s Liability – Obvious Risk – Handicap on the Labour Market

CIVIL PROCEDURE - Application for an Extension of time to file Points of Dispute - Rules 1.1(2), 10.3, 26.1, 26.9 and 65.20 considered.

Application for amendments to Claim Form after Case Management Conference –Whether the amendments constitute a new cause of action- whether application to amend should extend to new provisions regarding interest rate – Civil Procedure Rules, 2002 Rule 20.4 (2) and 1.1, The Limitation of Actions Act – Law Reform (Miscellaneous Provisions) Act

Negligence – Motor vehicle collision – Liability of parties – Credibility of Witnesses – Assessment of Damages
Preliminary issue – Application for relief from sanctions refused to allow witness statements to stand – Application at trial for Court to exercise discretion under Rule 29.11 of the Civil Procedure Rules (CPR) to allow witnesses to give evidence – Whether the Court has discretion to allow evidence where application for relief from sanctions is refused under Rule 29.11.

Civil Procedure – Application for relief from sanctions – Whether there was good explanation - Whether there was general compliance with Court Orders – Civil Procedure Rules 2002, R. 1.1, 1.2, 1.3, 26.8 (1) AND (2).

Preliminary Point - Application to commence derivative action – Company Law - sections 174A and 212 of the Companies Act – Whether application to bring
derivative action can be commenced by way of Notice of Application for Court Orders - Whether a company director should be a named Respondent

CIVIL PROCEDURE: Application for Relief from Sanctions

Application for Leave to Appeal - Whether the Applicant has a real chance of success

Section 3 of The Limitation of Actions Act – Sections 68 and 70 of The Registration of Titles Act – Proprietary Estoppel – Whether the defendants are entitled to compensation for structures erected on leased lands