Guthrie, Vincent v Guthrie, Dorretta May

Case Number: 
2017 HCV 01914
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.

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