Civil Practice and Procedure- Negligence – Whether employer provided safe
system of work – Whether the premises were reasonably safe for the purpose for
which the claimant was permitted to be there – Handicap on the Labour Market -
Personal injury - Damages.
Application to set aside default judgment – Real prospect of success – Importance of prompt application and good explanation – Question of prejudice against Claimant who is now deceased – Overriding objectives
ASSESSMENT OF DAMAGES – Negligence – Personal injury – Employer’s
liability - Whether Employer provided a safe system of work – Novus actus
interveniens – Should a Defendant be liable for adverse outcome of a surgery –
Handicap on the Labour market
Application to set aside Default Judgment – Real Prospect of Success – Importance
of Prompt Application and Good Explanation – Question of prejudice against
Claimant who is now deceased – Overriding objectives
Assessment of Damages – Mechanical back pain – Lumbago – Paraspinal muscle
strain – Pain and suffering – Loss of amenities – Significance of no impairment on
award for general damages – Relevant considerations for award of loss of earnings.
ASSESSMENT OF DAMAGES – Personal Injury – Motor vehicle accident – Loss of
earnings – Proof of specific damages – Pre-existing condition - General damages –
Relevant considerations
Application to set aside – Substituted service – Overriding objective – Whether
insurance company has done enough to bring documents to insured’s attention
Application for leave to appeal and for stay of proceedings – Relevant
considerations – Real prospect of success – Risk of injustice – Factors determining application for leave to apply and grant of stay
Application to set aside – Substituted service – Overriding objective – Whether insurance company has done enough to bring documents to insured’s attention – Effect of service of unsealed order
Civil Procedure – Application for determination of liability after defence struck out
and judgment entered – Effect of striking out – Procedure after defence struck out
and judgment entered - Relevant considerations
