The Hon. Mrs. Tricia Hutchinson Shelly

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.

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

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.