The Hon. Miss Justice Andrea Thomas

Negligence - Duty of care - Bus driver to passenger - Res Ipsa Loquitur - Causation.

Negligence - Motor vehicle accident - Breach of duty of care.

Locus standi - Whether the action is brought as a relator’s claim - Whether the claimant has the locus standi to bring the claim (Rule 8.12). Breach of Contract - Whether there is a valid contact between the parties - Whether the contract is void for illegality. Negligence - Bailor - Bailee - Whether the defendant/bailee owed a duty of care to the claimant/bailor - Whether the defendant breached his duty of care - Damage to property.

Application to Dismiss for want of prosecution - Abuse of the process of the court - Whether there is inordinate inexcusable delay - Whether there is or will be incurable prejudice - Whether a fair trial is possible - Rule 1.1 - Rule 26.3 of the Jamaica Civil Procedure Rules (CPR).

Negligence - Motor vehicle collision - Personal injuries - Damages to motor vehicle
- whether the defendant is liable - Whether the claimants are contributory negligent. Assessment of Damages - Special damages - Whether loss of earning - Loss of future earnings should be strictly proven - Loss of earning capacity - Whether multiplicand/multiplier approach is appropriate - Pain and suffering and loss of amenities.

Motor vehicle accident - Assessment of damages - Future care - Pain and suffering and loss of amenities - Four medical doctors - Four conflicting assessment of impairment.

Application for extension of time to apply for leave for Judicial Review - Whether the application was made promptly - Whether there is good reason to grant the extension of time - Where there will be substantial hardship or prejudice to the rights of any person - Whether there is an arguable case for legitimate expectation - Whether there will be detriment to good administration.

Applications for relief from sanction trial commenced - Trial judge ruled statements of case had been struck out - Trial aborted - Applications made after trial - Whether delay inordinate - Whether there are good explanations for the delay - Rule 26.8., CPR.

Application to set aside Default Judgment- Defendant filed an Acknowledgement of Service but failed to File Defence. - Whether, there is good reason for the delay - Whether information contained in the Acknowledgment of Service amounts to an Admission of the Claim - Whether the Defence has a real prospect of success. Rules 1.1,1.2 13.3,13.4.13.5,13.6.

Application for extension of time to file defence - Whether delay inordinate - Whether there is a good reason for delay - Whether there is an agruable case - Rule 10.2, 10.3, 26 (1) 2 and 68.62.