2023

Civil Procedure – Application to set aside Default Judgment – Whether Defendant has a real prospect of successfully defending the claim – Rules 13.2, 13.3 and 13.4 of the CPR – Prompt application – Good explanation.

Civil Practice & Procedure – Application for Relief from Sanction – Whether Application Made Promptly – Whether attorney being unwell is to be considered as part of the question of the promptness of an Application for Relief from Sanction.

Civil Procedure – Application by Insurance company to set aside Order for substituted service – Was alternative service likely to have brought the contents to the Defendant’s notice – Considerations as to what constitutes reasonable steps to locate a Defendant – Overriding objectives – Prejudice

Civil Procedure - Application to set aside default judgment - Service by fax - Whether Defendant has a real prospect of successfully defending the claim - Good explanation- Risk of Prejudice- Rules 12.4, 13.2 and 13.3 of the CPR.

Assessment of Damages –– Motor Vehicle Accident –– Personal Injury –– General Damages –– Pain and Suffering –– Handicap on Labour Market –– Special Damages –– Spinal Cord Injury –– Video Evidence

Assessment of Damages –– Personal Injury –– Motor vehicle collision ––Negligence –– Tenderness to sacral area –– Abrasion to right gluteal –– Pain and suffering and loss of amenities –– Special Damages.

Civil Procedure and Practice – Application to set aside Default Judgment – Whether the Applicant has a realistic prospect of success – Conditions to be satisfied for setting aside a Default Judgment – CPR, 13.3 (1); 13.3 (2) – Delay – Prejudice

Civil Procedure – Application to set aside default judgment – Alternate service – Amendment of date of service by Process Server – Overriding objectives.

ASSESSMENT OF DAMAGES –– Personal Injury –– Motor vehicle collision –– Negligence –– Damages –– Pain and suffering and loss of amenities –– Special damages –– Laceration to inner lip –– Abrasion to face, left thigh and both knees –– Whole person impairment.

Assessment of Damages –– Property Damage –– Total Loss –– Loss of Earnings.