2023

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.

ASSESSMENT OF DAMAGES –– Personal Injury –– Motor vehicle collision –– Negligence –– Damages –– Pain and suffering and loss of amenities –– Special Damages –– Whiplash injury of the neck –– Whole person disability of 6%.

Application to set aside default judgment – Rule 13 of the Civil Procedure Rules (CPR) – Requirements to set aside default judgment – Real prospect of success in defending claim is foremost consideration – Applicant must have acted promptly and have a good explanation for failure to comply – Court still has discretion to set aside judgment where application not prompt and there is no good explanation.

Civil procedure - Application to set aside default judgment – Service by publication –
considerations of whether service can be deemed good service - Whether there is a
reasonable prospect of successfully defending the claim - Delay - Good explanation -
Overriding objectives - Prejudice

ASSESSMENT OF DAMAGES - Fracture of tibia and fibula – wound caused by protruding bone – Effect of injury on peripheral vascular disease – No impairment rating – Likely award for general damages.