Findlay, Gloria v Gladstone Francis

IN THE SUPREME COURT OF JUDICATURE OF JAM

CIVIL DIVISION

SUIT NO. F 045 OF 1994

BETWEEN GLORIA FINDLAY CLAIMANT

AND GLADSTONE FRANCIS DEFENDANT

IN CHAMBERS

O Mrs. Angela Cousins-Robinson and Miss Kadia Wilson instructed by

Taylor, Deacon and James for the claimant

Miss Carol Davis for the defendant

September 8,17,2004, January 21 and 28,2005

APPLICATION FOR RELIEF FROM SANCTIONS UNDER RULE 26.8

Sykes J

C; 1. This is an application by Mr. Francis, the defendant, for relief from

sanctions under rule 26.8 of the Civil Procedure Rules (CPR). He is seeking

to have the judgment of Straw J (Ag) set aside on the basis that his failure

to pay $8,000 costs on or before July 13, 2003, was not intentional. How did

the defendant find himself in this position? It all began on the 15'~ day of

October 2003 when the matter came before Harris J for case management.

Her Ladyship made a number of orders.