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Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



2019

Henry, Erraldo v Clarke, Alphanso and Taylor, Samuel

Civil Procedure – Application by insurance company to set aside order for service by a specified method and application to set default judgment aside –Unsigned and unsealed copy of Court order served with the claim form – Sealed copy of Order served after the expiration of the six months’ extension permitted by Rule 8.15(2) of the Civil Procedure Rules – Order appearing to extend the validity of the claim form for a period longer than six months – What is required in making an application for a second extension – Whether default judgment irregularly obtained – Rule 13.2 of the Civil Procedu

Watson, Berisford v Brown, Judith

Civil procedure – Application to extend the validity of the claim form and application for an order for service by a specified method – Whether multiple extensions might be granted on hearing one application to extend the validity of the claim form – Rule 8.15(2) of the Civil Procedure Rules.

Higgins, Marlan (Executor of Estate of Egbert Higgins) v Johnson, Geoffrey (Sued as Junior Johnson)

Civil procedure – Application to set aside default judgment pursuant to rule 13.2 of the Civil Procedure Rules – Claim commenced by way of fixed date claim form – No proof of service of fixed date claim form – Claim form and particulars of claim subsequently filed with the same claim reference number and served – Application to convert proceedings to claim form filed but not determined – Application to enter judgment in default filed and heard – Whether default judgment entered in respect of claim form is irregular – Whether good explanation provided for the failure to file a defence – Whet

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