Failure to serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure Rules (CPR) - Application for relief from sanction under Rule 26.8 of the CPR - Application made after trial had begun - Legal effect of irregular order granting extension of time - Whether the relevant witness statement was served within time as prescribed and whether any sanction applies, particularly if the relevant witness statement was filed within time - Whether a sanction applies and, if so, what is that sanction? - Whether the defendants had served the application for relief from sanction promptly - Whether the defendants’ failure to comply was unintentional - Failure to comply with rules of court, attributed to previous defence counsel’s alleged inefficiencies - Proper course to be followed by present counsel as regards such an allegation - Whether the defendants have provided a good reason for their failure to serve the relevant witness statement on time - Whether the defendants have good reason for not having applied for relief from sanction, prior to the trial having commenced - Whether the party in default has generally complied with all other relevant rules, Practice Directions and court orders and directions - Whether an extension of time for service of the relevant witness statement can properly be granted if relief from sanction is not granted
Case Number
SU 2019 CV 00533
Presiding Judge
Year
Neutral Citation
[2024] JMSC Civ. 27
Date of Delivery