Davis, Jonathan and Dennis Tulloch v The Parish Council for the Parish of St. Catherine and the Attorney General of Jamaica

Civil Procedure: 2nd Ancillary Defendant's failure to file and serve witness statement within the relevant time-Rule 29.11 of the Civil Procedure-Application for relief from sanctions under Rule 26.8 of the CPR-Whether the relevant witness statement was filed and served within time as prescribed or whether any sanctions 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 affidavit in support of the application for relief is admissible-Whether the failure to comply was unintentional-Whether there was a good explanation for the failure-Whether the 2nd ancillary 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 can now properly be granted-The defendant's/ancillary claimant application for relief from sanctions-Whether the relevant list of documents 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 was unintentional-Whether there was a good explanation for the failure-Proper course to be followed by present counsel as regards allegations of inefficiencies against former counsel-Whether the defendant has generally complied with all other relevant rules, Practice Directions, court orders and directions-Rules 29.11, 26.8, 26.1, 26.7, 28.14, 30.3, of the CPR