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Century National Bank LTD and Century National Merchant Bank Trust Co. LTD and Jamaican Redevelopment Foundation INC v Windsor Commercial Land Company LTD et al
Civil Procedure – Application to substitute claimant – Assets of original claimant
acquired by applicant – Applicant has since transferred the interest which it
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 the 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 evidence is reasonably required to
assist the court - CPR r 32.2.
Civil Procedure – Party dying during 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.