Civil Procedure - CPR 11.6 - CPR 20.4 - CPR 26.1(2)(v) – oral application to amend relief being sought on the Fixed Date Claim Forms being made at the hearing of the claims.
Civil Procedure - CPR 21.7 - CPR 21.8 - interpretation - whether rules applicable in the Parish Courts - court’s jurisdiction to appoint representative party or give directions to continue proceedings initiated in the Parish Court.
Law Reform (Miscellaneous Provisions) Act - section 2(1) - section 2(3) - limitation period - subsistence of actions in tort against estate of deceased.
Application to appoint administrator ad litem - claim filed after death and in the absence of a personal representative or court order appointing a representative party - claim invalid - inability of subsequent appointment of representative party to cure defect existing at the time of issuing claim.
Case Number
SU 2019 CV 00429 and SU 2019 CV 01540
Presiding Judge
Year
Neutral Citation
[2020] JMSC Civ 119
Date of Delivery