Personal Injury – damages for assault and battery – Claimant inured while in custody – Traumatic brain trauma – Neurological damage resulting in weakness to right side and slurred speech – Claiming special damages, loss of income, general damages for pain and suffering and loss of amenities, disability on the labour market, psychiatric injury – Exemplary damages
Evidence – Witness summons and witness summary issued by a party for an opposing party – Validity of witness summons – Application to strike out witness summary – Application to strike out portions of the claimants’ statement of case on the basis that it is a collateral attack on a previous decision of the privy council – Civil Procedure Rules, rules 29.6 (3), 33.2, 33.3(4) and 33.3(5)
Application to set aside default judgments – Claim not served on the Defendant –
“slip rule” – Correction of an order not reflecting the intention of the Court – CPR
13.2, 13.3, 42.10
Disclosure – Unless order – Whether there has been compliance – Application for security for costs – Rules 28 and 24 of the Civil Procedure Rules 2002.
Assault and Battery – Vicarious liability – Driver of bus repeatedly assaulting
passenger – Whether tort so closely connected to the employment as to hold
employer liable – Whether driver on a “frolic of her own”.
Fatal Accident – Whether Defendants liable for death of minor – Whether Claimants are dependents under the Fatal Accidents Act – Whether near relations entitled to recover reasonable actual loss – Whether Claimants can recover for loss of future earnings and loss of expectation of life under the Fatal Accidents Act.
Application to set judgment aside – Maroon ancestral rights – Adverse possession
– Stay of Execution of Writ of Possession – Appointment of representative
Defendants – Interim injunction – Contempt of Court – Consolidation of Claims –
Dispensing with mediation.
Application for extension of time to file defence – Application to strike out of statement of case for being prolix – Application to strike out the case against the other Defendants as the Attorney General is the proper party to the claim – Application to strike out the statement of case that refers to Breach of Social contract – CPR rules 8.9, 8.9A, 26.3(1)(c), (d) and 34.2 - Crown Proceedings Act – Request for information
Limitation of Actions Act; sections 3, 4, 14 and 30 – Adverse Possession – Whether joint tenancy has been severed – Whether there was a partnership to operate jointly owned property for mutual benefit.
