2023

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.

Family law - Application for legal guardianship of a minor - The Children (Guardianship and Custody) Act ss. 4, 8, 14(1), 20 - Mother of child was a minor - Father convicted of sexual abuse of mother - Whether parens patriae jurisdiction is to be exercised where both parents are alive - Whether the court has authority to disregard a parent’s objection in granting the application – Child in need of care and protection.

Probate and administration -  Intestacy - Application for directions - Entitlement to apply for a grant of administration – Rule 68.28 – Notice to beneficiaries under rule 68.21 - Executor de son tort – Whether acts carried out in the interest of the estate – Intermeddling in the estate by executor de son tort – Whether accounting is necessary.

Judgment Summons – Summons to Examine – Enforcement of Money Judgment – Burden of Proof – Whether judgment debtors had means or ability to pay - Observations on the Debtors Act, Part 52 of the Civil Procedure Rules 2002 and, the jurisdiction to commit persons for non-payment of judgment debts.

Civil Procedure – Whether claim can proceed where the enactment upon which the claim is premised is not stated – Whether Claimant’s statement of case is sufficient – Prejudice – Overriding Objective of the Court – Exclusion of Hearsay Document – Civil Procedure Rules 1.1; 8.7; 8.8; 8.9; 26.9 and 29.1