2022

Assessment of damages - Soft tissue injuries to forehead, left hip and legs -  Whether contributory negligence can be raised at the assessment of damages after a judgment on admissions - Whether the claimant is contributory negligent for not wearing a seat belt in the back seat of a taxi.

Quantum of damages - Partial amputation of right thumb-closed fracture right femur - Open type II fracture mid to distal tibia and fibula-degloving injury to right ankle - Degloving injury to right forearm - 44% whole person impairment 

Assessment of damages – Pleading special damages – Proof of special damages.

Assessment of damages – Unrestrained back seat passenger in a taxi - Excruciating headache and severe upper back pain – The effect of filing a Form 8A - The implications for cross examination in filing a Form 8A but opting not to call any witnesses - CPR 16.2(4) and CPR 16.2(5).

Assessment of damages – Paraplegia - 70% whole person impairment

Allegations of fraud in obtaining certificate of title – No case submission at the end of the claimant’s case - Whether evidence cogent enough to establish fraud

Setting Aside Default Judgment – CPR 13.2 – Whether the claim form and particulars of claim were served – Whether the provisions of section 387 of the Companies Act is mandatory - CPR 13.3 – Whether the defence is one with a real prospect of success - Whether the affidavit in support of the application is an affidavit of merit- Whether service of the default judgment was irregular

Assessment of damages - Mallet finger deformity of the left index finger - 7% whole person impairment - PTSD diagnosis – Damages for domestic help - lack of evidence to support claim for handicap on the labour market

Setting Aside Default Judgment – CPR 13.3 – Whether the defence is one with a real prospect of success – Whether the defendant applied to set aside the defence as soon as reasonably practicable – Whether there is a good explanation for failing to file an acknowledgement of service within the time stipulated by the CPR – Whether the claim form was served

Setting Aside Default Judgment under CPR 13.3. - Whether the defence has a real prospect of success - If the defence has a real prospect of success, has the applicant applied to set aside the default judgment as soon as it was reasonably practicable -  Does the applicant have a good reason for not filing an acknowledgement of service within the time stipulated by the CPR