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Guthrie, Vincent v Guthrie, Dorretta May
Case Number:
2017 HCV 01914
Presiding Judge:
Neutral Citation:
[2020] JMSC Civ 139
Date of Delivery:
03.07.2020
Civil Procedure - CPR 26.3 - Application to Strike out Fixed Date Claim Form - Whether there was failure to comply with a rule or practice direction - Whether current claim is a re-litigation of an earlier claim and therefore an abuse of court process - Whether the absence of facts in the earlier claim is likely to obstruct the just disposal of current proceedings -
Whether judgment on earlier claim is declaratory or executory - Procedure for enforcing declaratory judgment - Whether limitation period at CPR 46.2(1)(a) is applicable.