The Hon. Mrs. Tricia Hutchinson Shelly

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.

Equity –– Is an Oral Contract enforceable–– Whether the Claimant has an equitable interest in the property –– Whether the Claimant can rely on Proprietary Estoppel –– Specific Performance.

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 – Disclosure – Specific Disclosure – Nature and Import of Pleadings – Criteria for Ordering Specific Disclosure – Whether documents requested are directly relevant to the issues in dispute – Whether documents requested are in the defendant’s possession or under its control – Whether an Order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Civil Procedure Rules, 2002, Rule 28.1, 28.2, 28.6, 28.7 – Staff Orders for the Public Service, order 2.4(i).

Judicial Review – Application for leave to apply for Judicial Review – Part 56 of the Civil Procedure Rules – Relevant test – Was correct procedure followed on application for re-enlistment – Was the hearing conducted fairly – Legitimate Expectation – Breach of Natural Justice – Delay in filing application – Is there a good reason to grant an extension of time.

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

Application for Interim Injunction –– Factors to be considered in granting Interim Injunction –– Serious issues to be tried –– Whether damages are an adequate remedy –– Balance of convenience –– American Cyanamid test.

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.