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Artwell, Danesha v Advantage General Insurance Company Limited and Administrator-General for Jamaica and Kavin Reid v Advantage General Insurance Company and Administrator-General for Jamaica

Court: 
Supreme Court
Catchwords: 

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 int he 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 part to cure defect existing at the time of issuing claim

Document Type:

Year: 
2020
Suit/Claim number: 
SU 2019 CV 00429
Neutral Citation: 
[2020] JMSC Civ 119