The Hon. Mrs. Tricia Hutchinson Shelly

Assessment of Damages –– Property Damage –– Total Loss –– Loss of Earnings.

Civil Procedure – Application to set aside Default Judgment – Whether Defendant has a real prospect of successfully defending the claim – Rules 13.2, 13.3 and 13.4 of the CPR – Prompt application – Good explanation.

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.

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.

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.

Application for relief from sanctions and application to strike out – Primary considerations – Good reason – Consequences of failure to comply with 29.11(2), rule 16.2 (4) defendant’s right to make submissions – Rule 12.13.

Application for leave to appeal – Real chance of success – Limitations of actions act – Fraudulent concealment – Jurisdiction of the Master – Striking out of claim – Date on which judgment takes effect – Considerations on Application for leave to appeal