Court:
Supreme Court
Catchwords:
Application for court to discontinue part-heard application to strike out defence and enter summary judgment, commenced in absence of lead counsel for the defence who ill-Client's constitutional right to be represented by attorney of choice-Whether breach of right to fair hearing and equality before the law-Whether inappropriate material relied on in affidavit in absence of lead defence counsel-Whether irremediable prejudice suffered by defence-Court's ongoing role to filter evidence into admissible and inadmissible categories-Duty of court to exercise discretion judicially in relation to application for an adjournment-Overriding objective-Whether matter should commence de novo before a different tribunal.
Document Type:
Year:
2017
Suit/Claim number:
2015HCV05095
Neutral Citation:
[2017] JMSC Civ 203