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Century National Bank Ltd., Century National Merchant Bank Trust Co. Ltd. and Jamaican Redevelopment Foundation Inc v. Windsor Commercial Land Company, Selvyn Smith and Winston Crichton

Court: 
Supreme Court
Catchwords: 

Civil Procedure-Application to substitute claimant-Assets of original claimant acquired by applicant-Applicant has since transferred the interest which is acquired-Counterclaim existing against original claimant-Counterclaiming defendant not interested in pursuing the counterclaim against original claimant or applicant-Whether applicant ought to be substituted-Whether original claimant ought to be removed as a party-CPR r 19.2(4) and (5).

Civil Procedure-Application to amend particulars of claim-Claimant seeking to amend the amount of the claim in order to recover a larger sum-Amendment sought after the expiry of the limitation period-Larger sum was original sum claimed-Whether amendment should be granted-CPR rr 20.4 and 20.6

Civil Procedure-Application to approve expert witness-Re-trial ordered-Prospective expert not a witness at the original trial-Whether new expert evidence may be produced at the re-trial-Whether expert is reasonably required to assist the court-CPR r 32.2

Civil Procedure-Party dying litigation-Whether representative for party's estate should be substituted-No application for substitution-Court's authority to order substitution-CPR r 21.7 and 21.8

Document Type:

Year: 
2011
Suit/Claim number: 
1993 C.L. C. 363