Setting aside Default Judgment under CPR 13.3 - Is there a defence with a real prospect of success - If there is a defence with a real prospect of success how should the considerations under CPR 13.3(2) be applied on the facts.
Assessment of damages – Long oblique fracture of the lateral malleolus – Small fragment fracture of the medial malleolus – Pain to the neck – Soft tissue injuries to hip and chest
Setting Aside Default Judgment – CPR 13.3 – Whether the defence is one with a real prospect of success – Whether the defendant applied to set aside the defence as soon as reasonably practicable – Whether there is a good explanation for failing to file an acknowledgement of service within the time stipulated by the CPR – Whether the claim form was served
Quantum of damages - Multiple fractures - scaring - 17% whole person impairment - Prolonged recovery - The subjective element in the assessment of damages.
Setting Aside Default Judgment under CPR 13.2. - Whether the 1st defendant has proven on a balance of probabilities that he was not served with the claim form and particulars of claim
