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Artwell, Danesha v Advantage General Insurance Company Limited Consolidated with Reid, Kavin v Advantage General Insurance Co. Ltd and Administrator General of Jamaica
Civil Procedure - CPR 11.6 - CPR 20.4 - CPR 26.1(2)(v) – oral application to amend relief being sought on the Fixed Date Claim Forms being made at the hearing of the claims.
Civil Procedure - CPR 21.7 - CPR 21.8 - interpretation - whether rules applicable in the Parish Courts - court’s jurisdiction to appoint representative party or give directions to continue proceedings initiated in the Parish Court.
Law Reform (Miscellaneous Provisions) Act - section 2(1) - section 2(3) - limitation period - subsistence of actions in tort against estate of deceased.
Application to appoint administrator ad litem - claim filed after death and in the absence of a personal representative or court order appointing a representative party - claim invalid - inability of subsequent appointment of representative party to cure defect existing at the time of issuing claim.