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Warren, Gavin (By next friend Charmaine Nisbeth v The Minister of National Security and The Commissioner of Corrections et al

Case Number: 
SU2019CV02579
Neutral Citation: 
[2024] JMSC Civ 128
Date of Delivery: 
22.10.2024

Civil Procedure - Application to strike out amended statement of case – Parties to
litigation must have mental capacity - Words “incapable of managing his or her
own affairs” not defined in Mental Health Act or Civil Procedure Rules - Court may
put matters right in keeping with the overriding objective – Order is retrospective
to date of commencement of the claim – Amendment to pleadings overtakes
original pleadings

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