2024

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

Breach of Contract - Whether all the essentials of a valid contract have been met - Whether the parties had an intention to create legal relation.

Section 27 of the Sale of Goods Act - Breach of Contract - Whether the contract provided for exclusivity - Whether payment was contingent upon sale of goods- Whether the Defendant is in breach of Contract

Procedural defect – Whether originating pleadings signed by claimant – Whether the failure to sign certificate of truth in originating pleadings is fatal – Discretion of court pursuant to Rule 3.13 of the Civil Procedure Rules 2002, as amended – Whether claimant’s statement of case should be struck out.

Damages for malicious prosecution – Special damages must be specifically pleaded and proved.

CIVIL PROCEDURE - Application for extension of time to file a defence per rule 26.1(2)(c) of the Civil Procedure Rules - Whether the court should wholly discharge the interim injunctions granted on May 19, 2023 by Mr.

Land - Recovery of possession - Whether fixed date claim should be converted
to claim form – Whether there are substantial disputes of fact – Whether one
Executor can give evidence of the acts carried out by co-executor – Open Justice
Principle

Failure to serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure Rules (CPR) - Application for relief from sanction under Rule 26.8 of the CPR - Application made after trial had begun - Legal effect of irregular order granting extension of time - Whether the relevant witness statement was served within time as prescribed and whether any sanction applies, particularly if the relevant witness statement was filed within time - Whether a sanction applies and, if so, what is that sanction?

Oral application for interim protection order

Breach of Rules 9.3(1) and 10.3(1) of the Civil Procedure Rules (CPR) - Whether a default judgment has been entered against the defendant, and if so, whether the court should set it aside and/or stay its execution - Application for extension of time to file defence - Whether the length of the defendant’s delay is inordinate - Whether the defendant had a good reason for not filing and serving its defence and acknowledgment of service within the time prescribed - Whether the pre-litigation communication dated May 12, 2021 from the defendant to the claimant was ‘without prej