Simpson, Albert v Island Resources Ltd.

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 01012 OF 2005

BETWEEN ALBERT SIMPSON CLAIMANT

AND ISLAND RESOURCES LIMITED DEFENDANT

Gillian Mullings instructed by Patrick Bailey and Company for the claimant

Kipcho West instructed by Kipcho West and Company

February 27, 28 and April 24, 2007

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APPLICATION TO AMEND STATEMENT OF CASE, RULE 20.4 OF THE CIVIL

PROCEDURE RULES

SYKES J.

1.0n February 28 I granted the application of Miss Gillian Mullings. These are the

reasons for my decision.

2.Albert Slmpson leased premlses located at shops 11 - 15 Island Plaza, Ocho Rios in

the parish of St. Ann from Island Resources Llmlted. He claims that there was a

breach of the lease agreement wh~c:h precipitated this claim. The breach alleged is

of an Implied term that the shop would be water tight so that if rain fell the shop

would not be flooded. I t IS alleged that there were heavy rains in May 2002 and the

lack of water tightness resulted in damage to property and loss of income and loss

of profit.

C, 3.Miss Mullings has applied to add the words and f~gure in the sum of $7,500,000.00

to the particulars of claim as the sum representing loss of income. According to her

this was an oversight.

4.Rule 20.4 of the Civil Procedure Rules ("CPR") says:

(I) An application for permission to amend a statement of

case may be made at the case management

conference.

(2) Statements of ca:re may only be amended after a case

management confkrence with the permission of the

court.