Assessment of Damages - Heavy object falling, injury to knee - Whether loss of earning capacity payable although Claimant in the Public Service – General Damages
Tort – Negligence – Trench left uncovered and unmarked on roadway – Whether injury reasonably foreseeable – unless order- whether party in breach for failing to file a witness statement if they intend to call no witness – Damages.
Judgment on liability by Consent – Apportioned at 50% -Assessment of damages – Medical reports agreed – inconsistent findings – Observations on duty of Counsel – Damages.
Application for relief from sanctions – Need to make application promptly – Need to satisfy the court that there has been general compliance with court orders and rules of court – Deed to satisfy the court that the failure to comply was not intentional – Circumstances in which rule 26.8 (3) of the Civil Procedure Rules is to be considered by court.