SUMMARY JUDGMENT (PART 15)

 Provides quick/speedy resolution

 Test: whether D or C has no a real prospect of succeeding (15.2)
o Real prospect – the claim has a real as opposed to a fanciful prospect of
success (Swain v Hillman)
 Show that C or D does not merely have an arguable claim, but rather a
strong likelihood of succeeding (Smith v Medrington)

ORDERS
1. Summary judgment be entered (on the issue of breach of contract) in the
claim in favour of the Claimant
2. Alternatively, the Defendant’s statement of case be struck out and judgment
entered for the Claimant
3. The Claimant be awarded damages for breach of contract in the amount of
…… contained in the Claim Form filed on the ….
4. Cost to the Claimant.
5. Such further and/or other orders or grants such relief as this Honourable
Court deems fit.

GROUNDS
1. Pursuant to part 15 and 26 of the Civil Procedure Rules of Jamaica (CPR)
2. The Claimant has no real prospect of succeeding on the claim or issue OR
The Defendant has no real prospect of successfully defending the claim or
issue
3. The Claimant/Applicant will be greatly prejudiced if the orders sought are not
granted.
4. The Defence contains bare denials for the Claimant’s claim and the Claimant
is able to provide proof of the claims made in the claim.
5. It is in the interest of the overriding objective 1.1 for the orders to be granted
as sought.

REMEMBER TO DISCUSS The issues to be determined at this hearing are as

follows:
JOINDER OF CLAIMS – ADDITION OR SUBSTITUTION (PARTS 19 AND 20)

ORDERS
1. The Statement of Case filed on ………….. be amended to substitute ……………..
as the new Defendant to the claim.
2. The Statement of Case filed on ………….. be amended to remove …………. as
the existing Defendant.
3. Permission be granted to the Claimant to serve the Amended Claim Form and
Particulars of Claim and all subsequent processes filed on ……….
4. The Defendant be permitted to file their Acknowledgement of Service and
Defence within 14 days and 42 days respectively after service of the Amended
Claim Form and Particulars of Claim.
1. Costs to be awarded to the Defendant.
5. Such further and/or other relief as this Honourable Court deems just.

GROUNDS
1. The Applicant promptly applied to the Court after becoming aware that a change
was required.
2. The trial date scheduled or any likely trial date can still be met if the application is
granted.
3. The claim cannot properly be carried on against the existing Defendant unless
the new party is substituted as Defendant.
4. The limitation period has not expired. OR The limitation period was current when
the proceedings started.
5. The existing Defendant will not be prejudiced should the orders sought be
granted.
6. Interest or liability of the former party has passed to the new party. OR The new
party is to be substituted for a party who was named in the CF in mistake for the
new party.
7. The mistake was genuine; not intentional
8. The Applicant will be greatly prejudiced if the orders sought are not granted.
9. It is in the interest of the overriding objective 1.1 for the orders to be granted as
sought.
STIKE OUT (PART 26.3 – 26.9)

ORDERS
1. The Claimant’s Claim Form and Particulars of Claim filed on x date be struck out.
2. Costs to be awarded to the Defendant.
3. Such further and other relief as this Honourable Court deems fit.

GROUNDS
1. Pursuant to rule 26.3(1)(c) of the Civil Procedure Rules, the Claimant’s case
discloses no reasonable grounds for bringing the claim.
2. The Claimant has no cause of action against the Defendant as he is not a party
to the contract in his personal capacity which is the subject matter of the claim.
3. The contract that concerns the claim was entered into between the Claimant and
an incorporated entity which has its own legal personality and can be sued and
sue.
4. The Defendant will likely suffer prejudice if the orders sought are not granted.
5. It is in the interest of the overriding objective 1.1 for the orders to be granted as
sought.
DISPUTING JURISDICTION (RULES 7.7, 9.2, 9.6)

ORDERS
1. A Declaration that the Supreme Court Judicature of Jamaica has no jurisdiction to
hear the claim.
2. Alternatively, a Declaration that the Supreme Court Judicature of Jamaica is not
the proper forum to determine the claim.
3. That service of the Claim Form and Particulars of Claim effected on XX DATE on
the Defendant be set aside.
4. The order for service outside of the jurisdiction made on XX DATE be set aside.
5. The proceedings be stayed pending the process of the application.
6. Costs to the Defendant.
7. Such further and/or other relief that this Honourable Cout deems fit.

GROUNDS
1. Pursuant to rules 7.7, 9.2 and 9.6 of the CPR.
2. The contract between the parties has an arbitration clause and therefore the
Court has no jurisdiction to determine the claim.
3. The contract is governed by the laws of OTHER COUNTRY and the witnesses
and the defendant reside in OTHER COUNTRY and therefore Jamaica is not the
proper forum to determine the claim.
4. The Claimant does not have a realistic prospect of succeeding on the claim.
5. It is in the interest of the overriding objective 1.1 for the orders to be granted as
sought.
SERVICE OUTSIDE THE JURISDICTION (part 7)

ORDERS
1. Permission is granted to the Claimant to serve the Claim Form and Particulars of
Claim on the Defendant outside the jurisdiction.
2. The Claim Form and Particulars of Claim be served on the Defendant at 10
Blackberry Drive, Miami, Florida, USA or at such other place in the USA where
he may be found.
3. The Defendant is to file and serve an Acknowledgement of Service within 28
days and a Defence within 56 days from the date of service.
4. The life of the Claim Form is extended by six (6) months from the date of this
Order.
5. Costs to be costs in the claim.
6. Such further and/or other relief as this Honourable Court deems fit.

GROUNDS
1. Pursuant to rules 7.3, 7.5 and 7.8 of the CPR.
2. The Claimant has a realistic prospect of succeeding on the claim.
3. The claim is for a breach of contract where the contract was made in the
jurisdiction OR the breach was committed in the jurisdiction.
4. By serving the Claim Form and Particulars of Claim on the Defendant outside of
the jurisdiction, the Defendant is likely to ascertain the contents of the Claim
Form and Particulars of Claim.
5. It is in the interest of the overriding objective 1.1 for the orders to be granted as
sought.