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Weir, Owayne v Dwayne Williams

Case Number: 
SU 2020CV04877
Neutral Citation: 
[2025] JMSC Civ 27
Date of Delivery: 
31.01.2025

CIVIL PROCEDURE: Claimant’s failure to file and serve witness statement and list of documents within the relevant time - Rules 29.11 and 28.14 of the Civil Procedure Rules (CPR) - Application for relief from sanctions - Whether the relevant witness statement and list of documents were filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure was unintentional - Whether there was a good explanation for the failure - Whether the claimant has generally complied with all other relevant rules, Practice Directions, court orders and directions - Whether an extension of time for filing and service of the relevant witness statement and list of documents can now properly be granted - Defendant’s failure to file and serve witness statement and list of documents within the relevant time - Rule 29.11 of the CPR - Application for relief from sanction under Rule 26.8 of the CPR - Whether the relevant witness statement was filed and served within time as prescribed or whether any sanction applies, and if so, what sanction applies - Whether the application for relief was filed promptly - Whether the application for relief, filed, is supported by evidence on affidavit - Whether the failure to comply was unintentional - Whether there was a good explanation for the failure - Whether the defendant generally complied with all other relevant rules, Practice Directions, orders and directions - Whether an extension of time for filing and service of the relevant witness statement and list of documents can now properly be granted - Rules 29.11, 26.8, 26.1, 28.14 of the CPR

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