2020

Negligence – Employer’s Liability – Occupier’s Liability – Contributory negligence – Safe system of Work – Credibility of witness – Damages – Assessment – Personal Injury – Handicap on the labour Market

Default Judgment – Application to Set Aside Default Judgment pursuant to Rule 13.3 of the Civil Procedure Rule (CPR) – Defendant a Limited Liability Company – issue as to whether served with the Claim Form and Particulars of Claim – No Acknowledgment of Service filed – Rules 5.7; 12.4; 30.3 of the CPR as amended 2006

NEGLIGENCE  - Motor vehicle accident- Personal Injury - Vehicle slowing down to an almost stop near a corner/bend - Vehicle colliding in the rear of vehicle near a corner- Blameworthiness - Apportionment of liability

Breach of statutory duty – Emergency vehicle regulations – Duties owed by other drivers to drivers of emergency vehicles – Duties of drivers of emergency vehicles – Breach of common law duty to drive with reasonable care – Failure to keep a proper look out – Negligence – Breach of duty of care – Damage foreseeable – Special damages to be both pleaded and strictly proved

Personal Injury - Negligence - Accident between cyclist and motorist - Claimant hit from behind - Assessment of damages - Quantum of damages - Pain and suffering - Permanent partial disability - Medical expenses - Future medical care - Consequential loss - Loss of earnings

Negligence - Duty of care - Causal connection between damage and breach of duty
– Res ipsa loquitur - Occupier’s Liability Act.

Negligence – Employer’s Liability – Contributory Negligence – Volenti Non Fit Injuria – Novus Actus Interveniens – Personal injury – Damages – Assessment – Loss of Earnings -

Claim for 50% interest in property – Parties divorced – Whether property is the family home – Whether the equal share rule should apply – Property (Rights of Spouses) Act

Court’s power to strike out a statement of case – Rule 26.3(1) of the CPR – Claim struck out – no reasonable grounds for bringing claim disclosed – an abuse of the process of the court – failure to comply with rule – Claimant has no real prospect of successfully prosecuting the claim

Sale of Land – Verbal agreement for sale of land - Whether valid agreement for sale – Whether elements of a valid tenancy agreement as part of sale agreement - Whether sufficient acts of part performance by party – Equitable remedy of specific performance – Circumstances where previous order may be varied or revoked