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Judgment

Baldwin Day v Henry Merren and Elisha Hydes - Reasons for Decision

G 0040/2019 · 2019-11-26

Application for declaration of invalidity of purported service of expired writ after end of limitation period; cross-application-for renewal of writ; plaintiff a litigant in person who failed to comply with the time limits because of ignorance of the law; whether good reason shown for failing to effect service during validity of writ; whether failure to apply for renewal before expiry of writ satisfactorily explained; Grand Court Rules Order 6 rule 8; application to declare service of expired writ invalid; cross-application to renew writ; failure to serve within validity period; litigant in person; ignorance of law not a good reason; Personal Injury; Service of Writ; Limitation

Full metadata
Cause Number G 0040/2019
Court CIGC (Civ)
Judge Kawaley J
Parties Baldwin Day v Henry Merren and Elisha Hydes - Reasons for Decision
Judgment Date 2019-11-26
Subject Application for declaration of invalidity of purported service of expired writ after end of limitation period; cross-application-for renewal of writ; plaintiff a litigant in person who failed to comply with the time limits because of ignorance of the law; whether good reason shown for failing to effect service during validity of writ; whether failure to apply for renewal before expiry of writ satisfactorily explained; Grand Court Rules Order 6 rule 8; application to declare service of expired writ invalid; cross-application to renew writ; failure to serve within validity period; litigant in person; ignorance of law not a good reason; Personal Injury; Service of Writ; Limitation
Filename (current) 19-11-26_baldwin_day_v_henry_merren_and_ano.pdf
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In the Grand Court of the Cayman Islands — Civil Division
Cause No. G 0040/2019
Between
Baldwin Day
- v -
Henry Merren and Elisha Hydes - Reasons for Decision
Before
Kawaley J
Judgment delivered 2019-11-26

IN THE GRAND COURT OF THE C
REASONS FOR DECISION Background
Governing legal principles Overview
courts. The House of Lords there
Normally the showing of good reason for failure
know is that on many occasions even when
known that he had to focus attention on
person as to how to manage the service

There may be certain exceptional
law. As Lord Sumption recently op
“NOTE-this Writ may not be
purported service of the Writ on

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