Mundle, Desmond v Small, Ivan

Case Number: 
2012HCV04860
Neutral Citation: 
[2020] JMSC Civ 181
Date of Delivery: 
03.09.2020

Judge has jurisdiction to set aside a default cost certificate for good reason - Inherent jurisdiction of court to control its process not impacted by amendments to CPR – Interpretation of definition of “clear days” in rule 3.2(3) of the CPR – Event refers to something that is scheduled to occur on a specified day and on that day only – Where the end of the period stipulated is defined by reference to an event the final day is excluded – Calculation of time period allowed for filing of points of dispute pursuant to rule 65.20(3) of the CPR – Filing of points of dispute not an event hence final day is included – Default costs certificate should not have been issued – General powers to address procedural errors unhelpful – Defects in application for and issuance of default costs certificate substantive and not merely procedural – Good reasons to set aside default costs certificate pursuant to rule 65.22(3) of the CPR – Bill of costs to be taxed

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