Assessment of Damages – Occupier’s liability – Loss of earning capacity/handicap on the labour market – Lump sum approach or multiplier/multiplicand method – Personal injuries.
Assessment of Damages – Nominal Damages for Loss of Use of Motor Vehicle – Pain and Suffering with whiplash injury with 10% PPD – Whether a claim for handicap on the labour
market should be specifically pleaded
Assessment of Damages – Negligence – Application to permit medical reports to be
admitted into evidence without the need to call the maker pursuant to sections 31E and
31F of the Evidence Act – Whether the lump sum or multiplier-multiplicand approach
should be used to determine handicap on the labour market.
Assessment of Damages – False Imprisonment – Fatal Accident Act – Law (Reform Miscellaneous Provision) Act – Lost Years – Loss of Expectation of Life - Personal Injuries - Constitutional right to life – Constitutional right to enjoyment of family – death pre Charter of Fundamental Rights and Freedoms - Aggravated Damages – Exemplary Damages – Vindicatory Damages
Trial as between the claimant and the 3rd and 4th defendants – Assessment of damages as between the claimant and the 1st and 2nd defendants - Road traffic accident – Road intersection controlled by traffic lights, collision at intersection, presumption that lights are working properly - No cases submission – Failure of
defendant to certify defence to be true – Contributory negligence as between defendants
Validity of Claim Form - Whether Amended claim form takes life from the claim form – When service is irregular does that bring the matter to an end – Does failure to serve Form Defence with claim form nullify the claim – CPR 8.16
Application – Costs in the claim to successful defendant – striking of claim – Abuse of process of the court – Stay of duplicate claim until costs paid – Wasted costs – CPR 26.2, 26.3, 37.6, 64.6, 64.13 and 64.14
