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Weir, Owayne v Dwayne Williams

Court: 
Supreme Court
Subject: 
Civil Procedure
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 document 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 flied 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 statement and list of documents within 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 relief, 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-Rules 29.11, 26.8, 26.1, 28.14 of the CPR

Document Type:

Year: 
2025
Suit/Claim number: 
SU 2020CV04877
Neutral Citation: 
[2025] JMSC Civ 27
Judge(s): 
Anderson K. J