Curtis Reid v Cable & Wireless Jamaica Ltd, etal

Case Number: 
C.L. R -037 OF 2000
Date of Delivery: 
21.07.2004

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO: C.L. R -037 OF 2000

BETWEEN CURTIS REID CLAIMANT

AND CABLE & WIRELESS JAMAICA LIMITED lSTD EFENDANT

AND JENTECH CONSULTANTS LIMITED 

AND WAYNE REID 3rd DEFENDANT

Mr. P. Beswick and Mr.

the Claimant; Mr. R.

Alexander & Levy for

instructed by Vaccianna

Terrence Ballantyne instructed by Ballantyne & Beswick for

Braharn and Mr. M. Hogarth instructed by Livingston,

the 2nd Defendant, and Ms. V. Allard and Ms. T. Watkins

& Whittingham for the 2"d and 3'* Defendants.

Heard on July 19,20 and 21,2004.

ANDERSON, J.

This is an application by the Defendants herein to strike out certain portions of the

Witness Statement of the Claimant, Curtis Keslake Reid, on the basis that it offends

against the Hearsay Rule. It might be thought that an application of this nature would

be unnecessary, and certainly undeserving of judicial time to produce this brief note

on my ruling. However, as will be apparent from some of my comments below,

despite its longevity, as witnessed by its existence for over four (4) centuries, the

elusiveness of a perfect definition continues to plague litigants and courts alike. It is

said that the origins of the hearsay rule can be traced to the trial of Sir Walter Raleigh

in 1603, who was found guilty of hlgh treason on the basis of testimony that someone

had overheard someone else say they heard Raleigh would slit the King's throat.

It is not my purpose here to launch into some treatise on the law of hearsay. But I

believe that at this particular time in our emerging jurisprudence and with the recent

enactment of the new Civil Procedure Rules 2002, (The CPR), there is need to spend

some time on this as it will be a matter which faces judges every time they are in a

trial and must look at witness statements.

An Extract from The Law Commission for England and Wales Consultation Paper No

117 on "The Hearsay Rule in Civil Proceedings" and Part V "Provisional

Conclusions" had this to say:

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