The Hon. Mrs. Justice Natalie Hart-Hines (Ag)

Atkins, Baldwin and Atkins, Hugh v Bailey, George and Scott, Donovan

Civil procedure – Application for permission for 1st defendant to amend statement of case – Whether proposed amendment to defence raises a different case than that originally pleaded – Whether amendment would prejudice the claimants – Whether 1st defendant’s statement of case is prolix and ought to be struck out – Rules 20.4(2), 26.3(1)(d) and 26.2(2) of the Civil Procedure Rules, 2002, as amended.

Richards, Paulette v North East Regional Health Authority and others

Civil procedure – Application by defendants for permission to file defence out of time – Application by claimant for permission to enter judgment in default of defence against the Crown – Whether the draft defence is a bare denial of some of the allegations made in the claimant’s statement of case – Whether it is appropriate to enter judgment in default in respect of one or more defendants in the circumstances – Rule 10.3, 12.3(1) and 12.9 of the Civil Procedure Rules, 2002, as amended.

Tank-Weld Metals Limited v Seal Construction Company Limited and others

Civil procedure – Application to set aside judgment in default – Whether there is an affidavit of merit – Whether the defendants have demonstrated that they have a real prospect of successfully defending the claim – Rules 5.7, 13.2 and 13.3 of the Civil Procedure Rules, 2002, as amended.

Broderick, Steadman v Firearm Licensing Authority

Application for leave for judicial review – Whether there is an arguable case for leave – Order made by the respondent revoking an expired firearm licence – Duty of decision maker to give notification of its decision – Notification of revocation sent by registered post – The date from which three-month time limit for filing the application should run – Whether the date of the revocation order or the date of its receipt should be regarded as the date of notification – Whether an alternative remedy was available to the applicant at the date of notification of the decision – Part 56 of the Civ

National Recovery Limited v Attorney General of Jamaica

Civil procedure – Application for permission to amend statement of case – Whether claims to seek damages for breach of contract, and alternatively, damages on a quantum meruit basis amount to new causes of action – Whether additional claims are statute barred – Rules 20.4 and 20.6 of the Civil Procedure Rules, 2002, as amended.

Johnson,Mickeel v Alu Glass Limited

Defendant company removed from the Register of Companies prior to trial date – Whether trial can proceed in the absence of the defendant pursuant to the Rule 39.5 of the Civil Procedure Rules, 2002, as amended – Whether the defendant company must first be restored to the Register of Companies – Effect of restoration pursuant to sections 336(1) and 337(6) of the Companies Act on the current proceedings.

Brodber,Robert v EW Abrahams and Sons Ltd and another

Civil procedure – Application for relief from sanctions after statement of case struck out and judgment entered against the defaulting party – whether applicants have provided a good explanation for non-compliance with case management orders – Rule 26.8 of the Civil Procedure Rules, 2002, as amended.

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