The Hon. Mr. Justice David Batts

Assessment of Damages - Heavy object falling, injury to knee - Whether loss of earning capacity payable although Claimant in the Public Service – General Damages

Negligence – Identification – Burden of proof on claimant

Tort – Negligence – Trench left uncovered and unmarked on roadway – Whether injury reasonably foreseeable – unless order- whether party in breach for failing to file a witness statement if they intend to call no witness – Damages.

Judgment on liability by Consent – Apportioned at 50% -Assessment of damages – Medical reports agreed – inconsistent findings – Observations on duty of Counsel – Damages.

Request for information -Specific disclosure - Civil Procedure Rules 34.1 and 28.6(5) - Whether disclosure of company minutes would erode free and candid discussions - Whether material sought too voluminous - Security for costs – Civil Procedure Rules 24.2(1) – Claimant resident outside jurisdiction - Ancillary Claimant resident in Jamaica - Claimant assetless –Whether security for costs order appropriate .

Contract – Building Contract – Whether Claimant proved breach of contract and sums owed- point in limine- whether counsel was alerted.

Application to set Judgment aside - Attorney’s negligence - Whether delay explained - Whether defence has real prospect of success - Civil Procedure Rules - Fairness.

Property (Rights of Spouses) Act – Whether applicant and now deceased partner were unmarried and cohabited as man and wife for 5 years or more – Child born to a third party during the relationship - Documentary evidence .

Negligence – pedestrian – whether contributory – evidence – notice of objection 
not filed – admissibility – knee and ankle injuries – damages – delay – whether
interest on damages to be awarded.

Admiralty Law – Ship under arrest – Application to intervene by Charterer - Whether order for sale pending trial ought to be made – Whether valid claim to the fuel – Mortgagee of vessel – Whether court has jurisdiction to order sale pending trial – Whether vessel ought to be released – Security for release.