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Morgan, Methuen v Gordon, Sherece and Dixon, Charles

Case Number: 
2011 HCV 05320
Neutral Citation: 
[2022] JMSC Civ. 24
Date of Delivery: 
25.02.2022

Application for relief from sanction after sanction applied –– What was the sanction which applied for failure to file witness statement in time –– When did the sanction take effect –– Whether the application was made promptly –– Whether the state of mind of the applicant ought to be considered –– Ignorance as to the true state of the law ––Whether the failure to comply was intentional –– Whether there is a good explanation for failure to comply –– Whether the claimant generally complied with orders of the court –– Witness summary –– Whether non-compliance has been remedied –– Effect of granting relief from sanction on both parties –– Can trial dates be met –– Appropriate costs order

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