2021

Assessment of Damages -  Soft Tissue injury - Fractured right acetabulum - Right
foot drop - 15% lower extremity impairment - 6% whole person impairment –
Handicap on the labour market

Expert Witness - Rule 32.2 of the Civil Procedure Rules (CPR) – Case Management Powers - Parts 25 and 26 of the CPR - Application for Stay of Proceedings pending examination by an expert - Whether the Applicants’ request is reasonable - Whether the Respondent’s refusal is unreasonable – The risk of prejudice to either party should the stay be granted or refused

Evidence – Civil Practice – Application to strike out portions of Witness Statements– Hearsay Rules – Whether any relevant exceptions – Relevance-Role of statement of case - Whether condition for service of Notice of Intention to Rely satisfied by service of witness statement.

Civil Practice - Whether order irregular - Whether judge had jurisdiction to make order - Whether Judge of concurrent jurisdiction has the authority to set aside another judge’s order.

Whether claimant authorized to initiate proceedings by himself - Whether Agreement for Sale between deceased and defendant remained a valid agreement - Whether counterclaim statute barred - Whether executor should be made to transfer property to defendant - Whether executor entitled to mesne profit - Whether executor estopped from seeking recovery of possession.

Application for leave to apply for Judicial Review - Test for granting leave - Whether threshold met.

Negligence - Liability of a child in negligence - Whether child under age twelve years can be liable in negligence - Whether school liable for injury to child - Causation.

Companies Act – Application for permission to bring derivative action – Whether Respondent has a cause of action related to the government’s breach of a Memorandum of Understanding - Whether section 212 notice to directors adequate - Whether shareholders and/or “the secretariat” are valid intended defendants to the intended derivative action - Whether intended claim is in the interest of the company.

Negligence - Whether claimant sustained injury - Assessment of damages

Costs – Application for leave to apply for judicial review discontinued – Application for the costs of the discontinued application for leave to apply for judicial review made by statutory body – Whether the making of the application for leave to apply for judicial review was unreasonable – Whether the conduct on the part of the applicant for leave to apply for judicial review was unreasonable – Whether an alternative remedy was available to the applicant for leave to apply for judicial review at the time of the making of the application – Whether a review board was in existence at the time