NOTICE

 

The en banc sitting of the Judges of the Supreme Court of Judicature of Jamaica scheduled for Friday March 26, 2021 at 10:00am has been postponed until further notice.



Master Miss Pamela Mason

Virgo, Yvonne v Graham, Granvin and Page, Uton

Civil Procedure – Application to extend the validity of the claim form – Application heard after the validity of the claim form – Application for Substituted Service – Civil Procedure Rules, 2002, (CPR) – rules 8.14(1), 8.15(2), 8.15(3)(a)(i and ii)

Vaughan, Horneil v Green, Almond; Bellett, Ivy and Bromfield, Kerry et al

Civil Procedure – Application to extend the validity of the Claim Form and for service by substituted method – Insufficiency of evidence of the Process Server – Whether the Claim Form can be extended from the date of the hearing of the application – Civil Procedure Rules 2002 (CPR), rules 8.14(1)8.15; 8.15(4)(a)(i) and (ii)(b)

Allen, Cleon v Francis, Rachael Lee and Scott, Dwayne

Civil Procedure Rules 2002 (CPR 2002) - Further extension of the validity of the Claim Form – Whether the Claim Form can properly be extended since it is no longer valid – Whether the rule in Glasford Perrin v Donald Cover Applies – Does incomplete Jurat affect validity of Affidavit – Rules 8.14(1) and 8.15 26.1 (2)(6) 30.4 of the (CPR 2002).

Saunders, Ezekiel v Pepsi-Cola Jamaica Bottling Company Limited

Default Judgment – Application to Set Aside Default Judgment pursuant to Rule 13.3 of the Civil Procedure Rule (CPR) – Defendant a Limited Liability Company – issue as to whether served with the Claim Form and Particulars of Claim – No Acknowledgment of Service filed – Rules 5.7; 12.4; 30.3 of the CPR as amended 2006

West, Gerald v Martin, Alton

Application for Extension of Time to File Defence pursuant to rules 10.3 (9) and 26.1(2)(c) of the Civil Procedure Rule (CPR) as amended – Length of Delay – Whether a good explanation is offered for the delay – Whether the Defendant has a good defence – whether the Claimant would suffer prejudice if the application is granted.

Henderson, Anthea v Hamilton Hernal Linton

Civil Procedure – Claim Form expired before service upon the Defendant – Life of the Claim Form not extended pursuant to CPR Part 8 – Whether the Court can extend the validity of the Claim Form pursuant to rule 26 1(2)(c) of the Civil Procedure Rule (CPR) – Does rule 3.5(1) of the CPR as amended in 2011 apply to the service and filing of a Claim Form and Particulars of Claim during the long vacation period.

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