Nam, Warren v Brown, Clive Albert and Thunder Tours Limited
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
Green, Beverley v Hinds, Andre, Paul Chin and Natalie Hinds
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.
Messam, Evon v Dunkley, Trevor JNR and Haulage and Equipment Limited
Personal Injury - Assessment of Damages – Pain and Suffering - Handicap on the Labour Market – Future medical expenses – Claimant amputee from motor truck vehicle accident – Whole Person Impairment.
Hastings, Heather v Rose, Lois
Civil Procedure - Application to set aside Default Judgment – Whether Defendant has a real prospect of successfully defending the claim- Good explanation - Risk of Prejudice- Rules 13.2 and 13.3 of the CPR.
VT v DS
Family law - Application for legal guardianship of a minor - The Children (Guardianship and Custody) Act ss. 4, 8, 14(1), 20 - Mother of child was a minor - Father convicted of sexual abuse of mother - Whether parens patriae jurisdiction is to be exercised where both parents are alive - Whether the court has authority to disregard a parent’s objection in granting the application – Child in need of care and protection.
Essor, Violet Melzeta v Maxwell, Maxine and Christina Ann Waite-Neal et al
Probate and administration - Intestacy - Application for directions - Entitlement to apply for a grant of administration – Rule 68.28 – Notice to beneficiaries under rule 68.21 - Executor de son tort – Whether acts carried out in the interest of the estate – Intermeddling in the estate by executor de son tort – Whether accounting is necessary.
Plummer, Phenee Anthony and Sean Fraser v Dembigh Farms Limited, John Plummer and Brian Plummer
Judgment Summons – Summons to Examine – Enforcement of Money Judgment – Burden of Proof – Whether judgment debtors had means or ability to pay - Observations on the Debtors Act, Part 52 of the Civil Procedure Rules 2002 and, the jurisdiction to commit persons for non-payment of judgment debts.
Jackson, Andra v Davidson, Valentine
Civil Procedure – Whether claim can proceed where the enactment upon which the claim is premised is not stated – Whether Claimant’s statement of case is sufficient – Prejudice – Overriding Objective of the Court – Exclusion of Hearsay Document – Civil Procedure Rules 1.1; 8.7; 8.8; 8.9; 26.9 and 29.1
Wright, Omar v Burke, Vivian Omar and Duwayne Hemmings
ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages
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