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Tracey, Errol v The Attorney General of Jamaica

Court: 
Supreme Court
Subject: 
Civil Procedure
Keyword(s): 
BACKGROUND: Applications by the claimant and the defendant for relief rom sanctions for the claimant's failure to file and serve witness statement and to provide standard disclosure, as well as the defendant's failure to file and serve witness statement and to provide standard disclosure within the respective times ordered by the court
Catchwords: 

Civil Procedure: Claimant's failure to file and serve witness statement and list of documents within the relevant time-Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR)-Application for relief from sanctions-Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies-Whether the application for relief was filed promptly-Whether the application for relief, filed, is supported by evidence on affidavit-Whether the failure was unintentional-Whether there was a good explanation for the failure-Whether the claimant has generally complied with all other relevant rules, Practice Directions, court orders and directions-Whether an extension of time for filing and service of the relevant witness statement and list of documents can now properly be granted-Defendant's failure to file and serve witness statements and list of documents with the relevant time-Rule 29.11 of the CPR-Application for relief from sanction under Rule 26.8 of the CPR-Whether the relevant witness statement was filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies-Whether the application for relief was filed promptly-Whether the application for relied, filed, is supported by evidence on affidavit-Whether the failure to comply was unintentional-Whether there was a good explanation for the failure-Whether the defendant generally complied with all other relevant rules, Practice Directions, orders and directions-Whether an extension of time for filing and service of the relevant witness statement and list of documents can now properly be granted-Whether the relevant listing questionnaire was filed and exchanged within time as prescribed, and if not, whether an extension of time may be granted-Rules 29.11, 26.8, 26.1, 28.14 of the CPR

Document Type:

Year: 
2025
Suit/Claim number: 
2018 HCV 00863
Neutral Citation: 
[2025] JMSC Civ. 55
Judge(s): 
Anderson, J