McFarlane, Hermine v Jackson, Donald

Case Number: 
2018 HCV 02155
Neutral Citation: 
[2022] JMSC Civ 33
Date of Delivery: 
17.03.2022

Civil procedure – Application to set aside court order – Order made at a first hearing in the absence of a party – Alternative method of service – Unperfected formal order served via electronic mail – Whether the service via electronic mail constitutes proper service – Whether the service via electronic mail constitutes proper service in the absence of a rule or practice direction to that effect – Whether the application to set aside is made within fourteen days of the date of service of the order – Whether there is a good reason for the failure to attend the first hearing – Whether it is likely that some other order would have been made had the party attended the first hearing – Civil Procedure Rules, 2002, rules 5.13, 6.1, 6.2, 6.3, 6.6, 39.6(1), 39.6(2), 39.6(3)(a) and (b)

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