2024

Writ of Habeas Corpus ad subjiciendum. The Conviction of the Applicants on charges for murder, have been quashed but the issue as to whether they should be retried is still pending - Where a conviction has been quashed, and no verdict of acquittal yet entered, whether this results in the removal of the charge against the Applicants – Whether any further detention after the quashing of the conviction.

Application for security for costs - Claimant resident out of the jurisdiction - No evidence of any assets within this jurisdiction - Evidential burden of each party - Claimant failing to provide evidence of her financial circumstances.

Civil Procedure - CPR 26.3(1) (b) and (c) - Application to strike out statement of case - Whether claim which alleges that the failure of public functionaries to accede to an entreaty to re-examine and amend the Limitation of Actions Act discloses a reasonable ground for bringing a claim in negligence or a claim for breach of the constitutional rights to life, equality before the law and to equitable and humane treatment by a public authority in exercise of any function - Whether such a claim commenced by claim form is an abuse of the process of the court.

Rules 15, 26 and 41 Civil Procedure Rules, 2002 - Whether the matter should be struck out against the 4th and 5th Defendants - Whether summary judgment should be granted.

Interim injunction - Whether there is a serious issue to be tried that the defendant is in breach of the Universal Terms & Conditions Merchant Agreement – Whether the defendant was entitled to freeze the claimant’s bank account under the Universal Terms & Conditions Merchant Agreement – Whether the defendant was entitled to notice before his account was frozen – Whether the defendant was denied the opportunity to respond to the chargeback query.

Negligence - Motor vehicle accident - Breach of duty of care - Assessment of damages

Arbitration Act - Jurisdiction of Court to intervene in Arbitral proceedings – Whether S. 55 is a mandatory provision – Setting aside Arbitral Award - Summary Judgment.

General Consumption Tax Act - Whether notice of objection determined pursuant to section 40(3) is a decision relating to an assessment and therefore subject to the appellate procedure at section 41 - Whether leave is required to appeal decision made in accordance with section 40(3) and for which the Revenue Appeals Division declined jurisdiction on an appeal filed to it - Considerations for applications to extend time to appeal to the Revenue Court.

Application to strike out - Action on the case - The tort of negligence from a motor vehicle accident - Limitation of action - Computation of time - Whether the day of the accident is excluded from the reckoning of time.

Breach of Agreement – Subcontractor Agreement - Liquidated damages - Whether Claimant entitled to sums withheld as liquidated damages - What rate of interest should be imposed.