Davis, Jonathan v Tulloch, Dennis, The Parish Council for the Parish of St. Catherine and The Attorney General of Jamaica

CIVIL PROCEDURE: 2nd Ancillary Defendant’s failure to file and serve witness statement within the relevant time - Rule 29.11 of the Civil Procedure - Application for relief from sanctions under Rule 26.8 of the CPR - Whether the relevant witness statement was filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the affidavit in support of the application for relief is admissible - Whether the failure to comply was unintentional - Whether there was a good explanation for the failure - Whether the 2nd ancillary defendant generally complied with all other relevant rules, Practice Directions, orders and directions - Whether an extension of time for filing and service of the relevant witness statement can now properly be granted - The defendant’s/ancillary claimant application for relief from sanctions - Whether the relevant list of documents was filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Whether there was a good explanation for the failure - Proper course to be followed by present counsel as regards allegations of inefficiencies against former counsel - Whether the defendant has generally complied with all other relevant rules, Practice Directions, court orders and directions - Rules 29.11, 26.8, 26.1, 26.7, 28.14, 30.3, of the CPR