Blair, Almira v Allied Protection Systems and Services Ltd., Allied Protection Services

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO HCV 2815/2004

BETWEEN ALMIRA BLAIR CLAIMANT

AND ALLIED PROTECTION SYSTEMS

AND SERVICES LIMITED FIRST DEFENDANT

AND ALLIED PROTECTION SERVICES SECOND DEFENDANT

IN CHAMBERS

Mr. Charles Piper instructed by Piper and Samuda for the claimant

Mr. Jeffrey Daley instructed by Blackridge Covington for the defendants

May 30, June 6 and June 16,2006

PART 34 OF THE CIVIL PROCEDURE RULES, REQUEST FOR FURTHER

INFORMATION, APPLICATION TO SET ASIDE DEFAULT JUDGMENT

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1. This matter came before me on an application by the second defendant to set

aside a judgment in default of acknowledgment of claim form. The application was

filed on March 9, 2005. On August 23, 2005, the claimant filed a forty five question

request for further information. There is a preliminary point. Mr. Piper submitted

that the defendant needed to answer the forty five questions before the application

to set aside the judgment could be heard. This was necessary, he submitted, so that

the court could focus on the issue between the parties. The issue was whether the

judgment sho~lldb e set aside and not the liability of the defendant. According to Mr.

Piper, the answers to the questions would assist the court in determining the

strength of the case for the defendant and if it had no reasonable prospect of

success then the judgment should not be set aside. Mr. Piper also submitted that