Stewart, Herman v Higgins, Charles and Jamaica National General Insurance Company Ltd

Case Number: 
Neutral Citation: 
[2022] JMSC Civ 37
Date of Delivery: 

Extensive delay satisfactorily explained – Erroneous information highly persuasive in grant of Order for substituted service – No full and frank disclosure of material facts – What constitutes reasonable efforts by an insurer to locate defendant varies – Each case turns on its peculiar facts – Court should be satisfied that contents of statement of case has come to defendant’s attention before Order can be made – Order should be set aside where reasonable efforts to locate defendant have failed – Reasonable efforts must not be so onerous as to be unrealistic to achieve – Steps taken displayed reasonable efforts – Default judgement obtained on the mistaken basis that defendant was served must be set aside – Costs ordinarily follow the event


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