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

Case Number: 
1993 C.L. C. 363
Date of Delivery: 

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.


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