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Wilks, Rasheed v Donovan Williams

Court: 
Supreme Court
Catchwords: 

Civil procedure-Defence-Whether the defence filed amounts to a bare denial-Application to strike out portions of witness statement on the basis that it introduces facts not pleaded-Defence of automatism-Application to strike out defence of automatism-Res judicata-Doctrine of res judicata-Issue estoppel-Doctrine of issue estoppel-Civil Procedure Rules, 2002-Rules 10.5, 20.1, 20.4, 26.3, 1.1 and 1.2

Costs-The appropriate cost order to be made in the circumstances-The factors to be considered-The conduct of the parties before and during the proceedings-The manner in which the parties have pursued their respective case-Civil Procedure Rules, 2002, rules 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii), (e)(i), (ii), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

Document Type:

Year: 
2020
Suit/Claim number: 
2014 HCV 04600
Neutral Citation: 
[2020] JMSC Civ 234