Wilks, Rasheed v Williams, Donovan

Case Number: 
2014 HCV 04600
Neutral Citation: 
[2020] JMSC Civ 234
Date of Delivery: 
03.12.2020

Civil procedure – Defence – Whether the defence filed amounts to a bare denial – Application to strike out portions of witness statement on the basis that it introduces facts not pleaded – Defence of automatism – Application to strike out defence of automatism – Res judicata – Doctrine of res judicata – Issue estoppel – Doctrine of issue estoppel – Civil Procedure Rules, 2002 – Rules 10.5, 20.1, 20.4, 26.3, 1.1 and 1.2
Costs – The appropriate cost order to be made in the circumstances – The factors to be considered – The conduct of the parties before and during the proceedings – The manner in which the parties have pursued their respective case – Civil Procedure Rules, 2002, rules 64.3, 64.6(1), 64.6(3), 64.6(4)(a),(b),(d)(i) and (ii), (e)(i), (ii) and (iii), 64.6(4)(f) and 64.6(4)(g)

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