Master Heather Carnegie (Ag.)

Steadman, Joycelyn v Quest Security Company Limited

Civil Procedure – Notice of Application for Court Orders to Strike Out Claim – Abuse of Process – Summary Judgment – Contra Proferentem Rule – Constructive Trust – Ambiguity – Limitation of Actions Act, s. 34 and 46 – Civil Procedure Rules, 1.1, 3.12, 15. 5(2), 15.5(5) and 26.3. 

Bramwell, Diandra v Gibson, Andrene

Civil Procedure – Specific disclosure – Requirements for specific disclosure – Time for ordering Specific Disclosure - Whether the documents to be disclosed are directly relevant – Whether Specific Disclosure is necessary to dispose fairly of the claim or to save costs – Civil Procedure Rules 2002 (as amended) – CPR 1.1, 28, 34.1, 64.6 and 65.8 (3) – Defamation Act section 20(3) – General Consumption Tax Act sections 26 and 28

Urban Taxi and Tours Limited v Advantage General Insurance Company Limited

Civil Procedure – Application to set aside Default Judgment – Whether the requirements for entering a Default Judgment for failure to file Acknowledgment of Service or Defence have been met – Whether Default Judgment should be set aside – Prejudice – Overriding Objective – Civil Procedure Rules 2002 (as amended),12.5,13.3 (1) and (2).

Jones, Ricardo v Walters, Warren James

Civil Procedure –– Whether time has expired for making application to challenge the jurisdiction of the court - Whether the defendant has waived the right to challenge the jurisdiction of the Court - Service of a claim form after the period of validity – Civil Procedure Rules 8.14, 9, 10 and 26.9.

Foster, Robert v Haye, Corporal and The Attorney General

Civil Procedure Rule. – Whether amendments in respect of claim for remedies and constitutional relief amounts to new causes of action – Whether to amend the Claim Form and Particulars of Claim after the Limitation Period to include Remedies - Application of Civil Procedure Rules (CPR) 2002: Rules 8.7, 20.1, 20.4, 20.6, 64.2 and 64.3

Lewis, Wayne v CVM Television

Civil Procedure – Whether failure to participate in future mediation within timelines
constitutes failure to comply with unless orders – Whether there was failure to
comply with the unless orders – Whether relief from sanctions should be granted
– Alternatives to striking out – Whether costs should be awarded against the

Claimant for opposing application for relief from sanctions – Application of Civil Procedure Rules 2002: 1.1, 26.5, 26.8, 42.8, 42.9 and 64.6

Henlin, Michael v Rose, Dexter; Maurice Rose et al

Civil Procedure – Application to appoint personal representative –– Whether application to appoint personal representative is properly before the Court –

Criteria for appointing personal representatives – When can the court exercise its power to appoint a personal representative - Application of Civil Procedure Rules 2002: 21.1, 21.2, 21.3, 21.4, 21.7 and 30.3



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