2024

Contract – Whether oral or in writing - Whether agreement to share profits as franchisee- Whether agreement to sell stock and fixtures - Documentary evidence - Whether signed document a sham – Whether Defendant in business on her own account - Burden of proof – Factual findings.

Civil Practice and Procedure – Application to Set Aside Default Judgment Entered on a Counterclaim – CPR Rule 13.3 – Whether or not the Claimant has a good explanation for failure to comply with the CPR to File a Defence to the Counterclaim – Whether or not the Claimant has made the appropriate application – Should they have applied for relief from sanction or whether it should have been an application to set aside default judgment – Whether or not the Claimant has a Defence with a Real Prospect of Success.

Civil Procedure – Notice of Applications for Court Orders – Summary Judgment – Striking Out of Statement of Case – Claim for Recovery of a Specified Sum – The Effect of Unless Orders – Whether an Attorney can rely on their own affidavit – Defence of Limitation – Whether the Claimant has a realistic prospect of successfully bringing the Claim – Court Making Orders On Its Own Initiative to Strike Out Statement of Case – Whether statements of case discloses reasonable grounds to bring or defend the claim – Costs – Limitations of Actions Act, section 46 – The Legal Profession (Canons of Profess

Company Law – Oppression – Breach of Reasonable Expectation –– Fraud – Directors’ duties – Breaches of Articles of Association and Companies Act –
Shareholders’ remedies - Companies Act, 1965, Section 213A Companies Act, 2004

Appeal  – Bail - Appeal from refusal by Parish Judge – Statutory interpretation – Strength of case against defendant – Good faith - Duty on Appellant – Meaning of sufficient cause – Constitutional provisions conferring entitlement to bail.

Civil Practice and Procedure – Application for Costs – Whether the Claimant Lexine Richards Should Receive Costs in circumstances where the Claim is Being Settled – Quantum of Costs to be Awarded

Declaration of spousal relationship under section 2 of the Intestates Estates and Property Charges Act - Whether the applicant was a single woman - Whether the deceased was a single man - Whether the applicant and the deceased cohabited together as though they were man and wife for a period of not less than 5 years prior to the death of the deceased

Civil Procedure Rules - Application to file defence out of time - CPR 10.3(9)-What
are the principles the court will consider in granting such an Application-
Whether there is an affidavit of merit

Judicial Review - Certiorari - Section 5C Civil Aviation Act - whether the Civil Aviation Authority and Minister acted reasonably and within the bounds of their discretion in appointing an Investigator-in-charge of an aviation occurrence when allegations of bias were made against the Investigator-in-charge by the affected airline operator - Whether the appointment of the Investigator-in-charge was tainted by procedural impropriety on the ground that allegations of bias raised with the Civil Aviation Authority were not brought to the attention of Minister.

Negligence - Occupier’s Liability Act - Breach of Duty of Care - The Claimant
alleges that he fell from the steps of the Employer’s Truck which were wet due
to heavy rains - Whether the employer failed to provide a safe system of work.