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Citation
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Judgment date
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| September 2022 |
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Appellants' convictions for unlawful wounding upheld, but 18‑month custodial sentences set aside and immediate release ordered as excessive.
Criminal law – Unlawful wounding (s.241(a)) – proof beyond reasonable doubt – eyewitness credibility; Sentencing – first offenders, ss.339–340 CPE Code – discretion to not suspend; Excessive sentence – appellate reduction and immediate release.
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22 September 2022 |
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High Court stayed its proceedings where concurrent subordinate-court action remained unresolved because costs were not agreed, assessed or paid.
Civil procedure – abuse of court process – concurrent proceedings in different courts – withdrawal of subordinate-court action does not conclude proceedings until costs are agreed/assessed/paid – High Court’s inherent jurisdiction to stay proceedings.
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19 September 2022 |
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Joinder of an insurer after the two‑year RTA limitation is time‑barred; insurer ordered to pay costs for raising the objection late.
Road Traffic Act s148 – Limitation of direct claims against insurers to two years; s148(1)(c) preserves only proceedings actually commenced against insurer within two years; late joinder of insurer time‑barred; mistake in insurer identity does not extend limitation period; discretion to award costs against successful but unreasonably late objector.
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16 September 2022 |
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Claim dismissed with costs where claimant’s eyewitness evidence was discredited and police report was inadmissible hearsay.
Road traffic negligence – duty of care of driver – requirement to prove negligence on balance of probabilities; amendment of pleadings under Order 7 r 23(1); hearsay inadmissibility of police report under Order 17 r 55; evidentiary weight of discredited eyewitness testimony.
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16 September 2022 |
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Employer liable for negligence and for breaching statutory duty by failing to provide a safe system of work; damages awarded.
Employer liability – negligence and breach of statutory duties (Occupational Safety, Health and Welfare Act: ss.13, 64) – safe system of work – mechanical appliances – res ipsa loquitur inapplicable – pleading particulars and PPE claims.
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16 September 2022 |
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Unmarked roadworks obstruction caused injury; defendant 75% liable, claimant 25% contributorily negligent.
Negligence — roadworks obstruction — duty to warn road users of obstructions — adequacy and persistence of warning measures; contributory negligence for cycling at night without illumination; apportionment of liability; res ipsa loquitur inapplicable.
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16 September 2022 |
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Ex parte interlocutory injunction discharged for likely suppression of material facts; balance of convenience favors the respondent.
Land law – interlocutory (ex parte) injunction – duty of full and frank disclosure – suppression of material facts – serious question to be tried – balance of convenience – enforcement notice and alleged unauthorised development under Physical Planning Act.
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13 September 2022 |
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Court reversed refusal to forfeit tainted timber, holding forfeiture discretionary, remedial, and not double punishment.
Criminal law — Forest Act s.68, s.74 — Forfeiture of tainted property — "May" denotes judicial discretion — Forfeiture remedial not punitive — Forfeiture may extend to foreign-sourced produce — Third‑party property requires hearing.
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12 September 2022 |
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Assessment of damages for negligent medical care causing leg amputation—awards for pain, loss of amenities, and disfigurement, special damages denied.
Damages assessment – medical negligence – amputation – awards for pain and suffering, loss of amenities, disfigurement – refusal of special damages for lack of strict proof – use of comparative awards and inflation adjustments.
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11 September 2022 |
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Application to set aside default judgment dismissed for inordinate delay and lack of a bona fide meritorious defence.
Civil procedure — Setting aside default judgment — Order 12 r 21 CPR 2017 — requirement of reasonable cause and meritorious defence — promptness and inordinate delay — vacatur of stay of execution.
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5 September 2022 |