2023

Setting aside order for alternative method of service of claim form and particulars of claim on insurer - Extending time to make the application - Whether the insurer’s efforts to contact its insured were reasonable. 

Whether there was service of a notice of application for court orders – The effect of filing an amended notice of application for court orders – Whether an amended notice of application for court orders supersede an earlier notice of application - Whether the earlier notice of application should be struck out for lack of compliance with a court order directing service by a specified date

Family Law - Divorce - Application for Decree Absolute - Issues relating to custody of relevant child unsettled - Whether Decree Absolute should be granted - Matrimonial Causes Act Section 27 - Civil Procedure Rule 76.12, 76.14

Default judgment - Whether default judgment was regularly obtained - Whether there is a real prospect of success - Recovery of rent and possession – Burden of Proof Civil Procedure Rules 12. 4, 12. 5 & 13.3, 13.4.

Civil Procedure Rules – Rule 13.2 - Application to set aside default judgment – Whether defendants were served – Whether default judgment should be set aside as of right. 

Application to amend statement of case - CPR 19.4 - Adding a defendant after the limitation period - Whether case of misidentification or misnaming - CPR 20.4 – Application to strike out claimant’s statement of claim.

Assessment of damages – Multiple facial lacerations - Loss of sight in left eye, multiple facial scars, weakness of the buccal branch of the left VI cranial nerve - Skin graft to reduce the size of the scars – Future medical care - Whether evidence sufficient to make an award for handicap on the labour market

Interpartes hearing of interim injunction - Whether there is a serious issue to be tried - Whether damages would be an adequate remedy - Effect of material non-disclosure by the applicant.

Application under the Property (Rights of Spouses) Act (PROSA) - Whether property is the family home – Alternatively, whether property is property other than the family home – Whether claimant is entitled to 50% interest in property under section 14 (2) of PROSA – Whether the claimant is entitled to an interest in the property under a constructive trust if PROSA does not apply

Property adjustments under the Property (Rights of Spouses) Act 2004 (PROSA) – Whether property is the family home – Whether the equal share rule should be varied – Other property and the application of factors under section 14(2) of PROSA – whether other property was a transfer by way of gift – Allotment and issuing of shares - Sections 38 (1), 38(5)(a) and (b) of the Companies Act – Whether a claim to a percentage interest in shares and a share of profits in a limited liability company are sustainable without the company being a party to the claim.