2020

Personal Injury - Negligence - Accident between cyclist and motorist - Claimant hit from behind - Assessment of damages - Quantum of damages - Pain and suffering - Permanent partial disability - Medical expenses - Future medical care - Consequential loss - Loss of earnings

Negligence - Duty of care - Causal connection between damage and breach of duty
– Res ipsa loquitur - Occupier’s Liability Act.

Negligence – Employer’s Liability – Contributory Negligence – Volenti Non Fit Injuria – Novus Actus Interveniens – Personal injury – Damages – Assessment – Loss of Earnings -

Claim for 50% interest in property – Parties divorced – Whether property is the family home – Whether the equal share rule should apply – Property (Rights of Spouses) Act

Court’s power to strike out a statement of case – Rule 26.3(1) of the CPR – Claim struck out – no reasonable grounds for bringing claim disclosed – an abuse of the process of the court – failure to comply with rule – Claimant has no real prospect of successfully prosecuting the claim

Sale of Land – Verbal agreement for sale of land - Whether valid agreement for sale – Whether elements of a valid tenancy agreement as part of sale agreement - Whether sufficient acts of part performance by party – Equitable remedy of specific performance – Circumstances where previous order may be varied or revoked

Damages – Assessment of – Assault & Battery – Trespass to land – Aggravated Damages – Whether appropriate in the circumstances

Motor vehicle accident involving two separate collisions – Statutory and common law duty of care owed by each driver to other users of the road – Whether one or more that one driver liable for accident – Whether any contributory negligence arises

Recovery of possession of land - Defence of adverse possession - Whether factual exclusive possession and intention to possess proven - Defence of proprietary estoppel - Whether there is evidence of assurance - reliance - detriment - Person in whom interest via proprietary estoppel resides is deceased - Estate not a party to the proceedings - Defendants are not personal representatives of the estate -Whether the Defendants can rely on the rights of the estate to remain in possession - Mesne Profits.

Burden of proof on claimant to establish that vehicle and driver involved in accident correctly identified and that correct party is before the court based on the principles of vicarious liability and the separate legal personality of a company. Importance of statement being in compliance with rule 29. 4 (2) of the Civil procedure Rules when a witness is illiterate