Negligence - Causation - Defence as to quantum- Assessment of damages – Claimant survives an aeroplane accident – Injuries to his face, arms, legs and back – Post traumatic stress disorder – Permanent pain – Whether pain attributable to physical injury or psychogenic
Application to strike out Claim – Previous Claim on same subject matter ended with Consent Order – Unilateral Mistake – Whether Consent Order should be set aside
Wrongful Interference with Chattels/Goods Trespass to Property Detinue Conversion The Transport Authority Act The Road Traffic Act Burden of Proof where an Affirmative Defence is raised
Application to strike out claim – Failure of 2nd claimant to attend mediation – Importance of setting out grounds of application in written applications for court orders – Failure to set out any or any sufficient particulars of claim in statement of case – Striking out of a party’s statement of case only to be used by court as a means of last resort.
Civil Procedure Rules 2002 Part 13 Rule 13.3 (as amended 2006), Rule 13.4 - Failure to file acknowledgement of service - Application to set aside default judgment Procedure Affidavit of Merit - Alternative application to strike out the claim for failure to include the certificate of value