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 Mrs. Natalie Hart-Hines

Lewis, Noel v Gabbidon, Michael and Winston

Civil procedure – Application to set aside judgment in default – Whether the
defendants have demonstrated that they have a real prospect of successfully
defending the claim – Whether judgment was irregularly entered as a result of
the signature of the claimant’s attorney being affixed to the judgment in default
order – Rules 13.2, 13.3 and 21.8 of the Civil Procedure Rules, 2002, as amended.

Green, Shamar v Collins, Orvel

Civil procedure – Claim form filed close to the expiration of limitation period –
Application to extend the validity of the claim form filed within life of the claim form
– Whether it is appropriate to extend validity of the claim form after claim became
time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.

Scott, Sean v Brown, Meva; Brown, Waynette and Allen, Daniel

Civil procedure – Claim form filed close to the expiration of limitation period – Application to extend the validity of the claim form filed within life of the claim form – Whether it is appropriate to extend validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.

Parkes, Joycelin v Brown, Martin and Wright, Donald

Civil procedure – Claim form filed close to the expiration of the limitation period – Application to extend the validity of the claim form filed within the life of the claim form – Whether it is appropriate to extend the validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amende

Edmonds, Jermaine v Marquesse, Owen; Wallace, Junior; Berbick, Desmond and Drydson, Glendon

Civil procedure – Personal injury claim resulting from motor vehicle accident – Notification of proceedings served on insurance company in compliance with section 18(2)(b) of the Motor Vehicles Insurance (Third-Party Risks) Act – Whether this notification of proceedings can satisfy the requirements in rules 5.13 and 8.13 of the Civil Procedure Rules – Whether it is appropriate to dispense with the service of the claim form in these circumstances and after claim became time-barred – Rules 5.13, 6.8, and 8.13 of the Civil Procedure Rules.

McLean, Annette v Edmondson, Princess and Mills, Constantine

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form and whether there are compelling reasons for granting more than two six-month extensions – Rule 8.15(2) and 8.15(6) of the Civil Procedure Rules.

Taylor, Jason v Wright, Leonard

Civil procedure – Claim form filed close to the expiration of limitation period – Application to extend the validity of the claim form filed within life of the claim form – Whether all reasonable steps taken to serve claim form – Whether it is appropriate to extend validity of the claim form after claim became time-barred – Rule 8.15(4) of the Civil Procedure Rules – Considerations for the Court.

Henry, Erraldo v Clarke, Alphanso and Taylor, Samuel

Civil Procedure – Application by insurance company to set aside order for service by a specified method and application to set default judgment aside –Unsigned and unsealed copy of Court order served with the claim form – Sealed copy of Order served after the expiration of the six months’ extension permitted by Rule 8.15(2) of the Civil Procedure Rules – Order appearing to extend the validity of the claim form for a period longer than six months – What is required in making an application for a second extension – Whether default judgment irregularly obtained – Rule 13.2 of the Civil Procedu

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