Results.
8 judgments found.
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| August 2017 |
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Insurer improperly joined and struck out under Order 15 r.6 RSC after plaintiff failed to oppose or attend.
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Civil procedure — Order 15 r.6 RSC — striking out improperly joined defendant; Service and non‑opposition; Promptness of strike‑out applications; Liberty to add parties; Costs in the course.
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29 August 2017 |
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Where an outstanding Judge-granted injunction prejudices a defendant, an application to dismiss for want of prosecution must be brought before a Judge.
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Civil procedure — Dismissal for want of prosecution — Inordinate delay and failure to attend hearing — Prejudice caused by an outstanding injunction — Where injunction was granted by a Judge, application to dismiss should be brought before a Judge.
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29 August 2017 |
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General comments on retrenchment criteria are not actionable defamation by individuals in a large class.
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Defamation — statements about a class — group defamation rule; strike out under Order 18 r.19 — whether pleadings disclose reasonable cause of action; publication and reference to plaintiff; requirements for individual recovery from statements about a large group.
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24 August 2017 |
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General explanations about retrenchment criteria during a merger were not defamatory to individual former employees and the libel claim was struck out.
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Defamation — publication, reference and defamatory meaning; group defamation rule — statements about large classes not actionable by individual members unless small group or circumstances identify individual; Civil procedure — strike out under Order 18 r 19 for frivolous, vexatious or no reasonable cause of action; pleadings — irrelevant averments not fatal where claim itself is hopeless.
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24 August 2017 |
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9 August 2017 |
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Application to discharge injunction dismissed where defendant proceeded without planning permission and came to court with unclean hands.
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Injunctions — discharge — whether subsequent or prior planning permission justifies discharge — municipal planning permission obtained during injunction — equitable doctrine of clean hands — access and claimed prescriptive easement.
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1 August 2017 |
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Summary possession inappropriate where applicant's title and alleged sale are disputed; matter remitted to full trial.
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Civil procedure — Order 113 RSC — summary possession of land — requirements to establish interest, circumstances of occupation and unknown occupants — where title or sale disputed, summary proceedings inappropriate and matter remitted to full trial under Order 28/8 RSC.
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1 August 2017 |
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1 August 2017 |