Caribbean Development Consultants v Lloyd Gibson

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. CL. 323 OF 1996

BETWEEN CARIBBEAN DEVELOPMENT CONSULTANTS

AND LLOYD GIBSON

CLAIMANT

DEFENDANT

Miss Juliet Bailey instructed by Forsythe and Forsythe for

the claimant

Mr. Garth McBean instructed by Garth McBean & Co. for the

defendant

April 19, 2004, May 3, 25 2004

Sykes J (Ag)

AMENDMENT UNDER RULES 19.4 AND 20.6 OF THE CIVIL PROCEDURE

RULES

A technical point

The survival of this claim depends upon whether

the claimant can resist the point made by Mr. McBean. There

is no question of filing a new claim if the defendant

succeeds. If the preliminary point is successful the

defendant would be able to scurry away with both the

outstanding professional fees as well as the benefit of the

claimant's work.