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Cunningham, Len and Leroy Cunningham (By and through their agent Joyce Bunting) v Hall, Victor and Sonia Hall

Case Number: 
SU 2019 CV 00533
Neutral Citation: 
[2024] JMSC Civ. 27
Date of Delivery: 
05.03.2024

Failure to serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure Rules (CPR) - Application for relief from sanction under Rule 26.8 of the CPR - Application made after trial had begun - Legal effect of irregular order granting extension of time - Whether the relevant witness statement was served within time as prescribed and whether any sanction applies, particularly if the relevant witness statement was filed within time - Whether a sanction applies and, if so, what is that sanction? - Whether the defendants had served the application for relief from sanction promptly - Whether the defendants’ failure to comply was unintentional - Failure to comply with rules of court, attributed to previous defence counsel’s alleged inefficiencies - Proper course to be followed by present counsel as regards such an allegation - Whether the defendants have provided a good reason for their failure to serve the relevant witness statement on time - Whether the defendants have good reason for not having applied for relief from sanction, prior to the trial having commenced - Whether the party in default has generally complied with all other relevant rules, Practice Directions and court orders and directions - Whether an extension of time for service of the relevant witness statement can properly be granted if relief from sanction is not granted

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