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Higgins, Marlan (Executor of Estate of Egbert Higgins) v Johnson, Geoffrey (Sued as Junior Johnson)

Case Number: 
2015HCV04585
Neutral Citation: 
[2019] JMSC Civ 134
Date of Delivery: 
31.07.2019

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Claim commenced by way of fixed date claim form – No proof of service of fixed date claim form – Claim form and particulars of claim subsequently filed with the same claim reference number and served – Application to convert proceedings to claim form filed but not determined – Application to enter judgment in default filed and heard – Whether default judgment entered in respect of claim form is irregular – Whether good explanation provided for the failure to file a defence – Whether defendant demonstrated that he has a real prospect of successfully defending the claim.