(Jamaica) The parties agreed for the sale of land. The seller sought specific performance by the buyer. The buyer had said there was a problem of title. The appellant had failed to defend the proceedings, and appealed against judgment in default.
Held: The very long history of events was not properly laid out before the Board. Nevertheless the Board proceeded on the basis that the judgment was entered by default. The appeal court in refusing the appeal had failed to take account of the matters required to support the overriding objective of the court rules, in particular in failing to allow for later contracts entered into. The only way forward was for one court to decide the issues together as between the three interested parties, and the appeal was allowed for this to happen.
Judges:
Lord Saville, Lord Clarke, Sir Jonathan Parker
Citations:
[2010] UKPC 4
Links:
Jurisdiction:
Commonwealth
Citing:
Cited – Strachan v The Gleaner Company Limited and Stokes PC 25-Jul-2005
PC (Jamacia) The plaintiff challenged an order setting aside a default assessment of damages in his claim for defamation. After the action was lost, two witnesses had come forward who might have allowed a defence . .
Cited – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999
The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Litigation Practice
Updated: 03 August 2022; Ref: scu.401634