2023

Pension Schemes - Amendment Fetters - Pension Funds - Distribution of Surplus - Application of S.44(2) of the Income Tax Act

Administration of estate - Probate - Administration with will annexed - Whether the Court has the power to clarify vary or alter a previous Court order of a judge of concurrent jurisdiction which has been perfected - Error of omission in previously made order – Rule 42.10(1) - Intention of the Court in previous order - Circumstances associated with the application – Substantial delay in administration of deceased's estate - Interpretation of the words 'permitted to proceed' - Ordinary meaning of word/phrase - Removal and substitution of personal representative – Rule 68.61- Whether to clear

Settlement Agreement – Consent Order – Agreed expert required to do several valuations - Whether valuations can be set aside - Whether new expert to be appointed - Whether fraud or collusion alleged or proved - Whether failure to follow material instructions alleged or proved - Whether error or negligence a sufficient basis to set aside valuation unilaterally - Admissibility of expert evidence- Rules 32.12 and 32.13 (2) (a) – Whether an expert’s failure to comply with procedural requirements necessarily renders reports inadmissible in evidence.

Civil Practice & Procedure – Negligence – Motor vehicle collision – Duty of care – Breach of duty of care – Credibility of parties – Assessment of damages – Interest on award of damages.

Rule 53.10 - Whether contempt alleged to be committed after the grant of summary judgment is contempt committed within proceedings in the court and therefore properly commenced by application under Part 11 of the CPR.
Whether persons who are not parties to a claim may be joined as respondents in contempt proceedings commenced by application under Part 11 of the CPR.

Land - Limitation of Actions Act - Whether defendant acquired right to possessory
title - Initial possession by virtue of family arrangement - Whether claimant entitled
to declaration that she is beneficiary and part owner of property - Claimant’s
entitlement a chose in action.

Civil Procedure – Whether to set aside Default Judgment – Whether realistic prospect to successfully defending the Claim - Delay – Overriding Objective - Application of Civil Procedure Rules (CPR) 2002 (as amended): CPR 1.1, 10.9, 13.3 and 13.4.

Civil Procedure – Striking out – Application to strike out claimants’ statement of
case – Whether the claimants’ statement of case ought properly to be struck out –
The Doctrine of Res Judicata- Whether the claimants’ statement of case as framed
constitutes an abuse of the process of the court – Whether the claimants’ statement
of case is frivolous and vexatious – Whether the claimants’ statement of case
discloses any reasonable grounds for bringing the claim

ASSESSMENT OF DAMAGES – Negligence – Personal injury – Employer’s
liability - Whether Employer provided a safe system of work – Novus actus
interveniens – Should a Defendant be liable for adverse outcome of a surgery –
Handicap on the Labour market

Application to set aside Default Judgment – Real Prospect of Success – Importance
of Prompt Application and Good Explanation – Question of prejudice against
Claimant who is now deceased – Overriding objectives