2024

Assessment of Damages –– Personal Injury –– Motor vehicle accident –– Negligence –– Pain and suffering and loss of amenities –– Special damages –– Soft tissue injury to left waist –– Multiple abrasions to skin –– Whiplash injury of cervical spine –– Traction brachial plexopathy –– Chronic Lumbosacral strain – – Bilateral Knee Medial Bursitis –– Left Metatarsalgia –– 3% whole person impairment.

Motor vehicle accident – Whether the defendant liable in negligence - Whether claimant contributory negligent

Sections 5, 6, 9 and 13 of the Justices of the Peace Act − The significance of the taking of the Oath of Office as a Justice of the Peace – The effect of a material non- disclosure on a claim for Legitimate Expectation – Section 16 (2) of the Charter of Fundamental Rights and Freedoms.

Recovery of possession of land - Whether the registered proprietor is barred from seeking recovery of possession under sections 3 and 30 of the Limitation of Actions Act - Whether the registered proprietor’s rights and interest have been extinguished – Whether mesne profits are payable – Whether the lack of building approval should disentitle the defendant from a possessory title – Whether mesne profits are payable.

Claim for recovery of damages for false imprisonment and malicious prosecution
- Whether the defendant had imprisoned the claimant or whether the claimant was detained by the police - Whether the claimant was imprisoned in the absence of reasonable and probable cause - Whether the defendant
had prosecuted the claimant - Whether the claimant was prosecuted in the
absence of reasonable or probable cause - Whether the prosecution of the
claimant was actuated by malice.

Civil procedure – Application to set aside default judgment pursuant to rule 13.3 of the Civil Procedure Rules – Application to extend the validity of the Ancillary Claim Form – Application to extend the validity of the Ancillary Particulars of Claim – Whether the Defendant has a real prospect of successfully defending the claim – Whether the Defendant has a good explanation – Delay – Risk of prejudice.

Civil Practice and Procedure – Application to Set Aside Default Judgment – CPR
Rule 13.3 – Whether or not the Defendants have a Defence with a Real Prospect of Success
Evidence – Admissibility of Without Prejudice Correspondence – Whether or not
exception to general principle of inadmissibility of without prejudice documents
has been established – whether or not parties had arrived at an agreement to settle.

Personal injury - Whether defendant liable in negligence – Reliability of medical evidence

Civil Procedure – Application to strike out parts of an affidavit – Without prejudice rule – Exceptions to/limitations of the rule – Relevant and admissible

Civil Procedure Rules –– Application to set aside Default Judgment –– Real prospect of success ––  Year delay between acknowledgment of service and application to set aside –– Affidavit of merit and defence being provided by Counsel –– Loss of telephone and inability to communicate with Counsel –– Possible prejudice.