Civil Procedure-Witness statement filed day before trial commenced-Witness's application for relief from sanction and permission to rely on witness statement heard and refused on morning of trail-Preliminary point taken in appeal-Whether trial judge's order of refusal interlocutory in nature-Whether leave required to appeal from judge's order of refusal-Whether trial judge failed to consider relevant factors in refusing application for relief from sanction
Civil Procedure-Personal injury-Occupier's liability-Whether trial judge erred in finding that the appellant owed a statutory duty of care to the respondent-Whether respondent failed to satisfy the evidentiary burden of proof-Whether trial judge failed to assess evidence adduced on behalf of the appellant-Occupier's Liability Act, s 3
Civil Procedure-Assessment of damages-Special Damages agreed-Whether proof of Special Damages necessary-Loss of future earning capacity and handicap on the labour market-Whether award unreasonable and against weight of evidence-General Damages-Whether excessive