Consolidated Civil Proceedings Rules 2016

CONSOLIDATED CIVIL PROCEEDINGS RULES 2016 99

HIGH COURT

First Citizens Bank Limited v Jennifer Daniels and Others
CV 2013–00136 (2014.11.07)
PART 13 — JUDGMENT IN DEFAULT OF DEFENCE — SETTING ASIDE — NO
REALISTIC PROSPECT OF SUCCESS

Hamid Mohammed v Allan Bullock and Others
CV 2012–01932 (2014.02.14)
RULE 13.3 — JUDGMENT IN DEFAULT OF APPEARANCE — SETTING ASIDE —
DELAY

Andrew Singh v Garvin Hypolite and Another
CV 2006–01543 (2014.01.16)
RULE 13.2 — RULE 13.3 — JUDGMENT IN DEFAULT OF APPEARANCE — SETTING
ASIDE — DELAY
(Also under Part 22)

2013
PRIVY COUNCIL/ COURT OF APPEAL

Lyris Skinner and Another v Dynasty Holdings Limited
Civ App No P136 of 2012 (2013.12.05)
Appeal dismissed
CV 2010–00307 (2012.06.26)
RULE 13.3 — DEFAULT JUDGMENT — JUDGMENT NOT ENTERED BY REGISTRAR
— REQUIREMENTS SATISFIED — JUDGMENT WOULD BE LIABLE TO BE SET
ASIDE

Anthony Ramkissoon v Mohanlal Bhagwansingh
Civ App No S163 of 2013 (2013.07.19)
RULE 13.3(1)(a) — JUDGMENT IN DEFAULT OF DEFENCE — SETTING ASIDE —
REQUIREMENTS NOT SATISFIED — APPEAL DISMISSED

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100 CONSOLIDATED CIVIL PROCEEDINGS RULES 2016

HIGH COURT

Design Collaborative Associates Limited and Another v Urban Development Corporation of
Trinidad and Tobago Limited
CV 2012–02501 (2013.01.17)
RULE 13.3 — JUDGMENT IN DEFAULT OF DEFENCE — SETTING ASIDE —
DELAY

2012
PRIVY COUNCIL/ COURT OF APPEAL

Rukhmin Balgobin v South West Regional Health Authority
[2012] UKPC 11 (2012.05.10)
Appeal allowed
PART 13 — DEFAULT JUDGMENT — PROCEDURAL BAR AGAINST OTHER
DEFENDANTS

Judy Bobb v Leslie Amedee and Others
Civ App No T254 of 2012 (2012.12.10)
Appeal dismissed
CV 2011–03617 (2012.11.22)
RULE 13.3 — JUDGMENT — DEFAULT OF APPEARANCE — DEFAULT OF
DEFENCE — SETTING ASIDE — REQUIREMENTS SATISFIED

Roopnarine’s Linen Closet and Interior Accents Limited v John Horsham
Civ App No P118 of 2012 (2012.11.06)
Appeal allowed
CV 2011–03821 (2012.05.16)
RULE 13.3 — DEFAULT JUDGMENT — SETTING ASIDE — REQUIREMENTS NOT
SATISFIED

Delora Buckradee v Winston B Naidoo and Another
Civ App No P218 of 2012 (2012.10.29)
Appeal allowed
CV 2011–00962 (2012.09.27)
RULE 13.3 — DEFAULT JUDGMENT — SETTING ASIDE — REQUIREMENTS
SATISFIED

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Candy Sampson and Another v Curt Semper
Civ App No S037 of 2012 (2012.05.03)
Appeal dismissed
CV 2010–4557 (2012.02.17)
RULE 13.3 — DEFAULT JUDGMENT — SETTING ASIDE — NO REALISTIC
PROSPECT OF SUCCESS

Southern Sales and Service Company Limited v Lydia S Bickram
Civ App No S020 of 2012 (2012.02.13)
Appeal allowed
CV 2009–04568 (2012.01.18)
RULE 13.3 — DEFAULT JUDGMENT — SETTING ASIDE — IRREGULAR SERVICE

HIGH COURT

Trevor Benjamin v Sumintra Ramsaroop and Another
CV 2008–04004 (2012.06.29)
PART 13 — DEFAULT JUDGMENT — SETTING ASIDE — DELAY

Francis Vincent v Merlene Vincent and Another
CV 2008–01217 (2012.05.24)
RULE 13.3 — DEFAULT JUDGMENT — SETTING ASIDE — DELAY

2011
PRIVY COUNCIL/ COURT OF APPEAL

The Attorney General v Keron Matthews
[2011] UKPC 38 (2011.10.20)
Appeal allowed
DEFAULT JUDGMENT — SETTING ASIDE — NO IMPLIED SANCTIONS —
PART 13 REQUIREMENTS SUFFICIENT — RULE 26.7 REQUIREMENTS NOT
APPLICABLE
(Also under Parts 10 and 26)

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The Attorney General v Universal Projects Limited
[2011] UKPC 37 (2011.10.20)
Appeal dismissed
DEFAULT JUDGMENT — SETTING ASIDE — APPLICABILITY OF RULE 13.3 OR
RULE 26.7 REQUIREMENTS
(Also under Part 26)

Rohini Khan v Neville Johnston
Civ App No S056 of 2011 (2011.04.18)
Appeal dismissed
CV 2009–02311 (2011.04.12)
RULE 13.3 — JUDGMENT IN DEFAULT OF APPEARANCE — SETTING ASIDE —
REQUIREMENTS SATISFIED

Shawn Singh v The Attorney General of Trinidad and Tobago
Civ App No 265 of 2010 (2011.01.26)
Appeal dismissed with costs
CV 2009–2340 (2010.12.14)
PART 13 — JUDGMENT IN DEFAULT OF DEFENCE — APPLICATION TO SET
ASIDE NOT A METHOD TO BYPASS PRIOR RULING

2009
PRIVY COUNCIL/ COURT OF APPEAL

Joseph Alexander v Roslyn Baptiste and Others
Civ App No T099 of 2009 (2009.05.18)
Appeal allowed
CV 2008–04227 (2009.05.12)
PART 13 — JUDGMENT IN DEFAULT OF DEFENCE — SETTING ASIDE —
REQUIREMENTS NOT SATISFIED
(Also under Part 1)

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2008
HIGH COURT

Knolly John v Brenda Mahabir and Others
CV 2005–00866 (2008.01.30)
RULE 13.3 — JUDGMENT IN DEFAULT OF APPEARANCE — SETTING ASIDE —
REQUIREMENTS SATISFIED
(Also under Part 1)

2007
HIGH COURT

General Earthmovers Limited v Estate Management and Business Development Company
CV 2006–04052 (2007.11.06)
RULE 13.3 — DEFAULT JUDGMENT — SETTING ASIDE — REQUIREMENTS
SATISFIED — RULE 13.5 — CONDITION IMPOSED

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PART 14 JUDGMENT ON ADMISSIONS

Contents of this Part Rule 14.1
Making an admission Rule 14.2
Admissions by a minor or patient Rule 14.3
Admission by notice in writing—application for judgment Rule 14.4
Action on receipt of admission in whole or in part of money claim Rule 14.5
Admission of claim for specified amount of money Rule 14.6
Admission of part of claim for money only
Admission of liability to pay the whole of a claim Rule 14.7
for an unspecified amount of money Rule 14.8
Requests for time to pay Rule 14.9
Requests for time to pay—procedure where time and rate agreed Rule 14.10
Requests for time to pay—procedure where time and rate not agreed Rule 14.11
Right of reconsideration Rule 14.12
Variation of order

Making an admission

14.1 (1) A party may admit the truth of the whole or any part of any other party’s
case.

(2) He may do this by giving notice in writing (such as in a statement of case)
before or after the issue of proceedings.

(3) A defendant may admit the whole or part of a claim for money by entering
an appearance containing the admission.

(4) He may do this in accordance with the following rules—

(a) rule 14.4 (admission of whole claim for specified sum of money);

(b) rule 14.5 (admission of part of a claim for a specified sum of money);

(c) rule 14.6 (admission of liability to pay whole of claim for unspecified
amount of money); or

(d) rule 14.7 (admission of liability to pay claim for an unspecified
amount of money where defendant offers a sum in satisfaction of
the claim).

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(5) Upon the defendant paying to the claimant the specified sum claimed
together with interest and the appropriate fixed costs, as shown on the
claim form the claim is stayed.

(Part 67 Appendix A, Table 1 sets out the fixed costs)

Admissions by a minor or patient
14.2 The right to enter judgment on an admission is subject to rule 23.12.

(Rule 23.12 provides that where money is claimed by or on behalf of a minor
or patient, no settlement, compromise or payment shall be valid, so far as it
relates to that person’s claim, without the approval of the court)

Admission by notice in writing—application for judgment
14.3 (1) Where a party makes an admission under rule 14.1(2) (admission by notice

in writing), any other party may apply for judgment on the admission.
(2) The terms of the judgment shall be such as it appears to the court that the

applicant is entitled to on the admission.
(3) An application to determine the terms of the judgment must be supported

by evidence.

Action on receipt of admission in whole or in part of money claim
14.4 On receipt of an admission of the whole or part of a claim for money under rule

14.1(3) the court office must serve a copy of such admission on the claimant.

Admission of claim for specified amount of money
14.5 (1) This rule applies where—

(a) the only remedy which the claimant is seeking is payment of a
specified amount of money;

(b) the defendant admits the whole of the claim in his appearance or in
his defence; and

(c) the defendant has not requested time to pay.
(2) The claimant may file a request for judgment for the amount

claimed, interest and for fixed costs and may specify—
(a) the date on which the judgment debt is to be paid; or
(b) the time and rate at which it is to be paid if by instalments.
(3) The court office must enter judgment in accordance with the request.
(Rule 12.6(3) sets out the circumstances under which a claim for the cost of
repairing property damaged in a road accident can be treated as a claim for a
specified sum; Part 67 deals with the quantification of costs)

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Admission of part of claim for money only

14.6 (1) This rule applies where—

(a) the only remedy which the claimant is seeking is payment of money;
and

(b) the defendant admits a specified amount of money in his appearance
or in his defence.

(2) The court office must serve a notice on the claimant requiring him to file
a notice stating whether—

(a) he accepts the amount admitted in satisfaction of his claim; or

(b) he wishes the proceedings to continue.

(3) The claimant must—

(a) file the notice; and

(b) serve a copy on the defendant,

within 14 days after the court’s notice is served on him.

(4) If the claimant does not file the notice within 14 days after the court’s
notice is served on him—

(a) the claim is stayed; and

(b) any party may apply for the stay to be lifted.

(5) If the defendant has not requested time to pay under rule 14.8, the claimant
may file a request for judgment for the amount admitted, interest and
fixed costs and may specify—

(a) the date on which the judgment debt is to be paid; or

(b) the time and rate at which it is to be paid by instalments.

(6) The court office must enter judgment in accordance with the request.

(7) If the claimant files notice under paragraph (2) that he wishes the claim
to continue the court office must fix a date, time and place for a case
management conference.

(Part 27 sets out the procedure relating to a case management conference; Part
67 deals with quantification of costs)

Admission of liability to pay the whole of a claim for an unspecified amount of money

14.7 (1) This rule applies where—

(a) the only remedy the claimant seeks is the payment of money;

(b) the amount of the claim is not specified;

(c) the defendant admits liability in his appearance to pay the whole of
the claim and does not —

(i) offer to pay a specified amount of money in satisfaction of the
claim; or

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(ii) file a defence stating that he will dispute the amount of the
claim; and

(d) the defendant has not requested time to pay under rule 14.8.
(2) The claimant may file a request for judgment.
(3) The court office must enter judgment in accordance with the request for

an amount to be decided by the court and fixed costs.
(Part 16 deals with how the court decides the amount of the judgment; Part 67
deals with the quantification of costs)

Requests for time to pay
14.8 (1) A defendant who makes an admission under rule 14.5, 14.6 or 14.7 may

make a request for time to pay.
(2) A request for time to pay is a proposal about the date of payment or a

proposal to pay by instalments at the rate specified in the request.
(3) The defendant’s request for time to pay must be filed with his admission.
(4) The defendant’s request for time to pay must be accompanied by a

statement of his financial position.
(5) The statement must be certified by the defendant as being correct and

may be used as evidence of the defendant’s financial position at the date it
was signed in any subsequent proceedings with regard to enforcement of
the judgment.

Requests for time to pay—procedure where time and rate agreed
14.9 (1) This rule applies where—

(a) the only remedy which the claimant seeks is the payment of a sum
of money and costs;

(b) the defendant—
(i) admits the whole of that claim or a specified sum; and
(ii) requests time to pay or makes an offer to pay by instalments;
and

(c) the claimant states in his request for judgment on the admission
that he accepts the defendant’s offer as to the amount, time and rate
of payment.

(2) Where this rule applies, judgment on the admission shall be judgment for
the specified sum of money admitted (less any payments made) and fixed
costs at the agreed time and rate.

(Part 67 deals with the quantification of costs)

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Requests for time to pay—procedure where time and rate not agreed
14.10 (1) This rule applies where the claimant claims a specified sum of money and

the defendant—

(a) admits the whole of that claim or a specified amount of money; and

(b) requests time to pay or makes an offer to pay by instalments; and

the claimant indicates in his request for judgment on the admission
that he does not accept the defendant’s offer as to the time and rate of
payment.

(2) Where this rule applies, the claimant must state in his request for
judgment his reasons for objecting to the defendant’s proposals as to
payment.

(3) If the claimant objects to payment by instalments, the court must consider
the defendant’s request and the claimant’s objections and enter judgment
for the amount of the claim, interest and fixed costs on such terms as it
sees fit.

(4) The general rule is that the court should enter judgment under paragraph
(3) without a hearing.

(5) If the court decides to deal with the matter at a hearing, it must give the
parties at least 7 days’ notice of the hearing.

(Part 67 deals with quantification of costs)

Right of reconsideration
14.11 (1) Where the court has determined the time and rate of payment under

rule 14.10 without a hearing, either party may apply for the decision to be
reconsidered by the court at a hearing.

(2) An application for reconsideration must be made within 14 days after
service of the judgment on the applicant.

(Part 11 deals with applications)

(3) At the hearing the court may confirm the judgment or make such other
order as to the time and rate of payments as it considers just.

Variation of order
14.12 (1) Either party may apply to vary an order made under this Part.

(2) An application by a defendant must be in accordance with Part 48.

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CASES

2016
HIGH COURT

Roberto Charles and Another v Shastri Prabhudial
CV 2015–02739 (2016.03.02)
PART 14 — JUDGMENT ON ADMISSIONS — CLEAR ACCEPTANCE OF MATERIAL
FACTS

2012
PRIVY COUNCIL/ COURT OF APPEAL

David Walcott v Graeme Suite and Another
Civ App No P070 of 2012 (2012.04.16)
Appeal dismissed
CV 2011–01769 (2012.04.13)
RULE 14.1 — JUDGMENT ON ADMISSIONS — NO ADMISSION — CPR
REQUIREMENTS NOT SATISFIED

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PART 15 SUMMARY JUDGMENT

Contents of this Part Rule 15.1
Scope of this Part Rule 15.2
Grounds for summary judgment Rule 15.3
Types of proceedings for which summary judgment is available Rule 15.4
Procedure Rule 15.5
Evidence for the purpose of a summary judgment hearing Rule 15.6
Powers of the court on an application for summary judgment

Scope of this Part

15.1 This Part sets out a procedure by which the court may decide a claim or part of
a claim without a trial.

Grounds for summary judgment

15.2 The court may give summary judgment on the whole or part of a claim or on a
particular issue if it considers that—

(a) on an application by the claimant, the defendant has no realistic
prospect of success on his defence to the claim, part of claim or
issue; or

(b) on an application by the defendant, the claimant has no realistic
prospect of success on the claim, part of claim or issue.

Types of proceedings for which summary judgment is available
15.3 The court may give summary judgment in any type of proceedings except—

(a) proceedings for redress under section 14(1) of the Constitution;
(b) proceedings for—

(i) judicial review;
(ii) false imprisonment;
(iii) malicious prosecution; and
(iv) defamation;
(c) claims against the State;
(d) admiralty proceedings in rem; and
(e) probate proceedings.

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Procedure
15.4 (1) Notice of an application for summary judgment must be served not less

than 14 days before the date fixed for hearing the application.
(2) The court may exercise its powers without such notice at any case

management conference.
(Part 11 contains general rules about applications)

Evidence for the purpose of a summary judgment hearing
15.5 (1) The applicant must—

(a) file evidence in support with his application; and
(b) serve copies on the party against whom he seeks summary judgment.
(2) If the respondent wishes to rely on evidence he must—
(a) file the evidence; and
(b) serve copies on the applicant and any other respondent to the

application,
at least 7 days before the summary judgment hearing.

Powers of the court on an application for summary judgment
15.6 (1) The court may give summary judgment on any issue of fact or law whether

or not such judgment will bring the proceedings to an end.
(2) Where the proceedings are not brought to an end the court must also treat

the hearing as a case management conference.

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CASES

2016
PRIVY COUNCIL/ COURT OF APPEAL

Adrian D Ache v Rachael Cyrus
Civ App No 169 of 2016 (2016.07.18)
Appeal dismissed
CV 2015–02452 (2016.06.07)
SUMMARY JUDGMENT — REALISTIC PROSPECT OF SUCCESS — SUBSTANTIVE
ISSUES TO BE DETERMINED AT TRIAL
(Also under Part 26)

Rainbow Court Townhouses Limited v Shirlanne Singh
Civ App P004 of 2016 (2016.05.09)
Appeal dismissed
SUMMARY JUDGMENT — BREACH OF COVENANT — UNSUBSTANTIATED DE-
FENCE — REALISTIC PROSPECT OF SUCCESS

HIGH COURT

Kamal Mohammed v De Lamarre Limited
CV 2014–03593 (2016.06.03)
RULE 15.3 — SUMMARY JUDGMENT ENTERED — DUTY TO ANSWER MATERIAL
AVERMENTS IN STATEMENT OF CASE — BARE DENIAL — REASONABLE
PROSPECT OF SUCCESS

2015
PRIVY COUNCIL/ COURT OF APPEAL

Copyright Music Organisation of Trinidad and Tobago v Columbus Communications Trin­
idad Limited Trading as “FLOW”
Civ App No 167 of 2011 (2015.12.11)
Appeal allowed
CV 2009–04722 (2011.06.14)

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RULE 15.2 — RULE 15.6 — SUMMARY JUDGMENT — ADMISSION OF ALLEGA-
TIONS — SUFFICIENCY OF DEFENCE — REALISTIC PROSPECT OF SUCCESS
(Also under Part 10)

APUA Funding Limited and Another v RBTT Trust Limited
Civ App No 94 of 2010 (2015.11.06)
Appeal dismissed
RULE 15.2 — PERFORMANCE BOND — ILLEGALITY — SUFFICIENCY OF DE-
FENCE — FRAUD — REALISTIC PROSPECT OF SUCCESS

Sombat Mekhawong v Hilton International Trinidad Limited
Civ App No P108 of 2015 (2015.07.06)
Appeal allowed
RULE 15.2(a) — RULE 15.3 — SUMMARY JUDGMENT — ISSUES OF FACT TO BE
DETERMINED AT TRIAL
(Also under Parts 26 and 31)

Mervyn Assam v CLICO Investment Bank Limited and Others
Civ App No 49 of 2011 (2015.06.15)
Appeal dismissed
CV 2009–04584 (2011.01.31)
RULE 15.2(b) — SUMMARY JUDGMENT — ESTABLISHING CAUSE OF ACTION
— REALISTIC PROSPECT OF SUCCESS

Irene Noriega and Others v Ross McLean
Civ App No P259 of 2015 (2015.03.14)
Appeal allowed
RULE 15.2(b) — SUMMARY JUDGMENT — INDEFEASIBILITY OF TITLE —
FRAUD — SUFFICIENCY OF CLAIM — GROUNDS FOR FULLER INVESTIGATION

HIGH COURT

Kirk Ryan and Another v Kerron Alexis
CV 2014–04725 (2015.09.21)
RULE 15.2(a) — SUMMARY JUDGMENT — POSSESSION — LOCUS STANDI —
FRAUD — BARE ASSERTIONS — REALISTIC PROSPECT OF SUCCESS

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Mercury Marketing Limited v VB Enterprises Limited
CV 2014–02694 (2015.03.20)
RULE 15.2 — SUMMARY JUDGMENT — SUFFICIENCY OF DEFENCE — FULL
TRIAL — PROPORTIONALITY — REALISTIC PROSPECT OF SUCCESS

Parks International Limited v Juliana Webster
CV 2010–01619 (2015.03.19)
RULE 15.2(a) — REASONABLE GROUNDS FOR DEFENDING CLAIM —
CONFLICT OF FACTS — REALISTIC PROSPECT OF SUCCESS

Clyde Moses v Ronald Charles and Another
CV 2011–02341 (2015.03.09)
RULE 15.2 — CONSIDERATION OF PRINCIPLES — ARGUABILITY OF DEFENCE
— ISSUE TO BE DETERMINED AT TRIAL — REALISTIC PROSPECT OF SUCCESS

Lyris Blanchfield v Nichola Blanchfield
CV 2013–04792, CV 2014–00745 (2015.02.19)
SUMMARY JUDGMENT — CONSIDERATION OF PRINCIPLES — SUFFICIENCY
OF DEFENCE — BARE DENIAL — REALISTIC PROSPECT OF SUCCESS
(Also under Parts 10 and 38)

2014
PRIVY COUNCIL/ COURT OF APPEAL

Giselle Marfleet and Others v The University of Trinidad and Tobago
Civ App No P104 of 2014 (2014.06.09)
Appeal dismissed
CV 2013–00212 (2014.04.11)
RULE 15.2(b) — SUMMARY JUDGMENT — ARGUABLE CLAIM —
APPROPRIATENESS OF FURTHER INVESTIGATION — REALISTIC PROSPECT
OF SUCCESS
(Also under Parts 1)

Millenium Park Limited v Fareed Mohammed
Civ App No S249 of 2013 (2014.01.27)
Appeal dismissed
CV 2012–3567 (2013.10.30)

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RULE 15.2 — SUFFICIENCY OF DEFENCE — CONSIDERATION OF EVIDENCE —
REALISTIC PROSPECT OF SUCCESS

(Also under Part 26)

HIGH COURT

Yvonne R Maricheau v Maureen Bharat Pereira and Another CLAIM —

CV 2013–01568 (2014.09.29)
SUMMARY JUDGMENT — GROUNDS FOR DEFENDING
APPROPRIATENESS OF FURTHER INVESTIGATION
(Also under Part 26)

Angela Attong v Dianne Hunt
CV 2013–00505 (2014.02.27)
RULE 15.2(a) — SUMMARY JUDGMENT — PAYMENT OF COMMISSION —
REALISTIC PROSPECT OF SUCCESS — APPROPRIATENESS OF FURTHER
INVESTIGATION
(Also under Part 26)

Yunus Meighoo v Ashram Persad and Others

CV 2013–01963 (2014.02.17)

RULE 15.2 — SUMMARY JUDGMENT — PIERCING CORPORATE VEIL —
DETERMINATION OF IMPORTANT ISSUES — REQUIREMENT FOR EVIDENCE

2013
PRIVY COUNCIL/ COURT OF APPEAL

The Tobago House of Assembly v Mentor Melville and Others

Civ App No 254 of 2013

Appeal pending

CV 2011–04125 (2013.10.09)
RULE 15.2 — SUMMARY JUDGMENT — CONSIDERATION OF PRINCIPLES —
SUFFIENCY OF DEFENCE — REALISTIC PROSPECT OF SUCCESS

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HIGH COURT

Wayne Yip Choy v Angostura Holdings Limited

CV 2011–03884 (2013.09.20)

PART 15.2 — SUMMARY JUDGMENT — REALISTIC PROSPECT OF SUCCESS —
CONSIDERATION OF PRINCIPLES

2012
PRIVY COUNCIL/ COURT OF APPEAL

Maritime General Insurance Company Limited v International Oil Pollution Compensation
Fund
Civ App No 56 of 2008 (2012.07.23)
Appeal allowed
SETTING ASIDE — SUMMARY JUDGMENT — ENFORCEMENT OF FOREIGN
JUDGMENTS — PUBLIC POLICY

HIGH COURT

Bernard Hosam and Another v Damian Hosam

CV 2011–04355 (2012.06.29)

RULE 15.2(a) — SUMMARY JUDGMENT — TIME OF APPLICATION — DEFENCE
NOT FILED — REQUIREMENT FOR ORAL TESTIMONY

Zanim R M John v Courtney Allsop and Others

CV 2010–04559 (2012.06.15)

RULE 15.2(a) — SUMMARY JUDGMENT — INDEFEASIBILITY OF TITLE —
SUFFICIENCY OF DEFENCE OF FRAUD — ARGUABILITY OF ADVERSE
POSSESSION — REALISTIC PROSPECT OF SUCCESS

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PART 16 ASSESSMENT OF DAMAGES

Contents of this Part Rule 16.1
Rule 16.2
Scope of this Part
Rule 16.3
Assessment of damages after default judgment Rule 16.4

Assessment of damages after admission of liability on claim for
an unspecified sum of money

Assessment of damages after direction for trial of issue of quantum

Scope of this Part

16.1 This Part deals with the way in which the court decides the amount of any
damages under a judgment for damages to be assessed.

Assessment of damages after default judgment

16.2 (1) On applying for a default judgment to be entered under rule 12.7(1)(c), the
claimant must state in writing—

(a) whether he is in a position to prove the amount of the damages;
and, if so

(b) his estimate of the time required to deal with the assessment; or

(c) if he is not yet in a position to prove the amount of the damages, the
period of time that will elapse before he is able to do so.

(2) Unless the claimant states that he is not in a position to prove the amount LN 126
of 2011
of damages, the court office shall—

(a) fix a date for the assessment of damages; and

(b) give the parties at least 28 days notice of the date, time and place
fixed for the hearing.

(3) If the claimant is not in a position to prove the amount of damages, the LN 126
court office shall— of 2011

(a) fix a period within which the assessment of damages will take place;

(b) fix a date by which a listing questionnaire shall be sent to the
claimant; and

(c) give the parties at least 28 days notice of the date, time and place
fixed for the hearing.

(Rules 27.10 and 27.11 deal with the fixing of a date for trial)

(4) Where a defendant against whom a default judgment is entered wishes to LN 126
be heard on the issue of quantum and he has not so indicated under rule of 2011
10.2(2), he shall within 14 days of receipt of notice under rules 16.2(2) or
(3), file and serve a Notice in Form 7A indicating whether he wishes to—

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(a) cross-examine any witness called on behalf of the claimant;

(b) make submissions to the court; or

(c) call any evidence, in which case he shall file with the Notice a
statement of facts upon which he intends to rely.

Assessment of damages after admission of liability on claim for an unspecified sum
of money

16.3 (1) On applying for judgment to be entered for damages to be assessed on an
admission under Part 14, the claimant must state in writing—

(a) whether he is in a position to prove the amount of the damages;
and, if so

(b) his estimate of the time required to deal with the assessment; or

(c) if he is not yet in a position to prove the amount of the damages, the
period of time that would elapse before he is able to do so.

LN 126 (2) Unless the claimant states that he is not in a position to prove the amount
of 2011 of damages, the court office shall—

(a) fix a date for the assessment of damages; and

(b) give the parties at least 28 days notice of the date, time and place
fixed for the hearing.

LN 126 (3) If the claimant is not in a position to prove the amount of damages, the
of 2011 court office shall—

(a) fix a period within which the assessment of damages will take place;

(b) fix a date by which a listing questionnaire shall be sent to the
claimant; and

(c) give the parties at least 28 days notice of the date, time and place
fixed for the hearing.

(Rules 27.10 and 27.11 deal with the fixing of a date for trial)

(4) The defendant is entitled to cross-examine any witness called on behalf of
the claimant and make submissions to the court but is not entitled to call
any evidence unless he has filed a defence setting out the facts he seeks to
prove.

Assessment of damages after direction for trial of issue of quantum
16.4 (1) This rule applies where the court makes a direction as to the trial of an

issue of quantum.

(2) The direction may be given at—

(a) a case management conference;

(b) the hearing of an application for summary judgment; or

(c) the trial of the claim or of an issue, including the issue of liability.

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(3) On making such a direction the court must exercise the powers of a case
management conference and must in particular give directions about —
(a) disclosure;
(b) service of witness statements; and
(c) service of expert reports.

(4) The court must also—
(a) fix a date on which the court office is to send a listing questionnaire
to the parties; and
(b) fix a period within which the assessment of damages must
commence.

(Rules 27.10 and 27.11 deal with the fixing of a date for trial)

FORMER RULE

1. The current rule 16.2 was brought about by the deletion and substitution of sub-
rules (2) and (3) and the insertion of sub-rule (4) by rule 8 of the Civil Proceedings
(Amendment) Rules, 2011 Legal Notice No 126 of 2011.

As set out in the 2006 publication, sub-rules (2) and (3) read as follows:

(2) Unless the claimant states that he is not in a position to prove
the amount of damages, the court office must fix a date for the
assessment of damages and give the claimant at least 14 days
notice of the date, time and place fixed for the hearing.

(3) If the claimant is not in a position to prove damages the court
office must fix a period within which the assessment of damages
will take place and a date on which a listing questionnaire shall be
sent to the claimant.

(Rules 27.10 and 27.11 deal with the fixing of a date for a trial)

2. The current rule 16.3 was brought about by the deletion and substitution of sub-
rules (2) and (3) by rule 9 of the Civil Proceedings (Amendment) Rules, 2011 Legal
Notice No 126 of 2011.

As set out in the 2006 publication, sub-rules (2) and (3) read as follows:

(2) Unless the claimant states that he is not in a position to prove
the amount of damages, the court office must fix a date for the
assessment of damages and give the claimant at least 14 days
notice of the date, time and place fixed for the hearing.

(3) If the claimant is not in a position to prove damages, the court
office shall fix a period within which the assessment of damages
will take place and a date on which a listing questionnaire is to be
sent to the parties.

(Rules 27.10 and 27.11 deal with the fixing of a date for a trial)

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CASES

2011
PRIVY COUNCIL/ COURT OF APPEAL

Sunil Chankersingh and Another v Crystal Morton Gittens
Civ App S010 of 2011 (2011.06.01)
Appeal allowed in part
RULE 16.4 — ASSESSMENT OF DAMAGES — QUANTUM OF DAMAGES —
SEPARATION OF ISSUES OF LIABILITY AND QUANTUM
(Also under Part 27)

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PART 17 INTERIM REMEDIES

Contents of this Part Rule 17.1
Orders for interim remedies Rule 17.2
Time when an order for an interim remedy may be made Rule 17.3
How to apply for an interim remedy Rule 17.4
Interim payments—general procedure
Interim payments—conditions to be satisfied and matters to Rule 17.5
be taken into account Rule 17.6
Powers of court where it has made an order for interim payment Rule 17.7
Power of court to order early trial, etc.

Orders for interim remedies

17.1 (1) The court may grant interim remedies including—

(a) an interim injunction;

(b) an interim declaration;

(c) an order—

(i) for the detention, custody or preservation of relevant property;

(ii) for the inspection of relevant property;

(iii) for the taking of a sample of relevant property;

(iv) for the carrying out of an experiment on or with relevant
property;

(v) for the sale of relevant property (including land) which is of
a perishable nature or which for any other good reason it is
desirable to sell quickly; and

(vi) for the payment of income from a relevant property until a
claim is decided;

(d) an order authorising a person to enter any land or building in the
possession of a party to the proceedings for the purposes of carrying
out an order under sub-paragraph (c);

(e) an order to deliver up goods;

(f) an order (referred to as a “freezing injunction”)—

(i) restraining a party from removing from the jurisdiction assets
located there; or

(ii) restraining a party from dealing with any assets whether
located within the jurisdiction or not;

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(g) an order (referred to as a “search order”) requiring a party to admit
another party to premises for the purpose of preserving evidence,
etc.;

(h) an order (referred to as an order for interim payment) under rule
17.5 for payment by a defendant on account of any damages debt or
other sum which the court may find the defendant liable to pay;

(i) an order for interim costs;

(j) an order for a specified fund to be paid into court or otherwise
secured where there is a dispute over a party’s right to the fund;

(k) an order permitting a party seeking to recover personal property to
pay money into court pending the outcome of the proceedings and
directing that, if he does so, the property shall be given up to him;

(l) an order directing a party to prepare and file accounts relating to the
dispute; and

(m) an order directing a party to provide information about the location
of relevant property or to provide information about assets which
are or may be the subject of an application for a freezing injunction.

(2) In paragraph (1)(c) and (m), “relevant property” means property which is
the subject of a claim or as to which any question may arise on a claim.

(3) The fact that a particular type of interim remedy is not listed in paragraph
(1) does not affect any power that the court may have to grant that remedy.

(4) The court may grant an interim remedy whether or not there has been a
claim for a final remedy of that kind.

Time when an order for an interim remedy may be made

17.2 (1) An order for an interim remedy may be made at any time,including—

(a) before a claim has been made; and

(b) after judgment has been given.

(2) However—

(a) paragraph (1) is subject to any rule which provides otherwise;

(b) the court may grant an interim remedy before a claim has been
made only if—

(i) the matter is urgent; or

(ii) it is otherwise necessary to do so in the interests of justice; and

(c) unless the court otherwise orders, a defendant may not apply for
any of the orders listed in rule 17.1(1) before he has entered an
appearance under Part 9.

(3) Where the court grants an interim remedy before a claim has been
commenced, it must require an undertaking to issue a claim.

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How to apply for an interim remedy

17.3 (1) The court may grant an interim remedy on an application made without
notice if it appears to the court that there is good reason for not giving
notice.

(2) An application for an interim remedy must be supported by evidence.

(3) If the applicant makes an application without giving notice, the evidence
in support of the application must state the reason or reasons why notice
was not given.

(4) If no claim has been issued the application must be made in accordance
with the general rules about applications contained in Part 11.

Interim payments—general procedure

17.4 (1) The claimant may not apply for an order for an interim payment before the
end of the period for entering an appearance applicable to the defendant
against whom the application is made.

(Rule 9.3 sets out the period for entering an appearance)

(2) The claimant may make more than one application for an order for an
interim payment even though an earlier application has been refused.

(3) Notice of an application for an order must—

(a) be served at least 14 days before the hearing of the application; and

(b) be supported by evidence.

(4) The evidence must—

(a) state the claimant’s assessment of the amount of damages or other
monetary judgment that is likely to be awarded;

(b) set out the grounds of the application;

(c) exhibit any documentary evidence relied on by the claimant in
support of the application; and

(d) if the claim is made under the Compensation for Injuries Act (Chap.
8:05) in respect of injury resulting in death, contain full particulars
of the person or persons for whom and on whose behalf the action is
brought and the nature of the claim in respect of which the damages
are sought to be recovered.

(5) If the respondent to an application for an interim payment wishes to rely
on evidence or the claimant wishes to rely on evidence in reply, that party
must—

(a) file the evidence; and

(b) serve copies on every other party to the application,

at least 7 days before the hearing of the application.

(6) The court may order an interim payment to be made in one sum or by
instalments.

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Interim payments—conditions to be satisfied and matters to be taken into account

17.5 (1) The court may make an order for an interim payment only if—

(a) the defendant against whom the order is sought has admitted liability
to pay damages or some other sum of money to the claimant;

(b) the claimant has obtained an order for an account to be taken as
between himself and the defendant and judgment for any amount
certified due on taking the account to be paid;

(c) the claimant has obtained judgment against that defendant for
damages to be assessed or for a sum of money (including costs) to
be assessed;

(d) except where paragraph (3) applies, it is satisfied that, if the claim
went to trial, the claimant would obtain judgment against the
defendant from whom he is seeking an order for interim payment
for a substantial amount of money or for costs; or

(e) the following conditions are satisfied—

(i) the claimant is seeking an order for possession of land
(whether or not any other order is also being sought); and

(ii) the court is satisfied that, if the case went to trial, the defendant
would be held liable (even if the claim for possession fails) to
pay the claimant a sum of money for rent or for the defendant’s
use and occupation of the land while the claim for possession
was pending.

(2) In addition, in a claim for personal injuries the court may make an order
for the interim payment of damages only if the defendant—

(a) is insured in respect of the claim;

(b) is a public authority; or

(c) is a person whose means and resources are such as to enable him to
make the interim payment.

(3) In a claim for damages for personal injuries where there are two or more
defendants, the court may make an order for the interim payment of
damages against any defendant if—

(a) it is satisfied that, if the claim went to trial, the claimant would
obtain judgment for substantial damages against at least one of the
defendants (even if the court has not yet determined which of them
is liable); and

(b) paragraph (2) is satisfied in relation to each of the defendants.

(4) The court must not order an interim payment of more than a reasonable
proportion of the likely amount of the final judgment.

(5) The court must take into account—

(a) contributory negligence; and

(b) any relevant set-off or counterclaim.

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Powers of court where it has made order for interim payment

17.6 (1) Where a defendant has been ordered to make an interim payment, or has
in fact voluntarily made an interim payment, the court may make an order
to adjust the interim payment.

(2) The court may in particular—

(a) order all or part of the interim payment to be repaid;

(b) vary or discharge the order for interim payment; or

(c) order a defendant to reimburse, either in whole or in part, another
defendant who has made an interim payment.

(3) The court may make an order under paragraph (2)(c) only if—

(a) the defendant to be reimbursed made the interim payment in
relation to a claim in respect of which he has made a claim against
the other defendant for a contribution, indemnity, or other remedy;
and

(b) where the claim or the part to which the interim payment relates has
been discontinued or disposed of, the circumstances are such that
the court could make an order for interim payment under rule 17.5.

(4) The court may make an order under this rule—

(a) without an application by a party if it makes the order when it
disposes of the claim or any part of it; or

(b) on an application by a party made at any time.

Power of court to order early trial, etc.

17.7 On hearing any application under this Part, the court may exercise any of its
case management powers under Parts 26 and 27 and may in particular give
directions for an early trial of the claim or any part of the claim.

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CASES

2015
HIGH COURT

Cristal Roberts and Another v Dr Samantha Bhagan
CV 2010–01117 (2015.03.05)
RULE 17.4 — RULE 17.5 — RULE 17.6 — INTERIM PAYMENTS — PERSONAL
INJURIES — ADMISSION OF LIABILITY — RESOURCES OF PARTIES —
SUBSTANTIAL DAMAGES RECOVERABLE — SEVERAL LIABILITY
(Also under Parts 23 and 36)

2013
PRIVY COUNCIL/ COURT OF APPEAL

Myron Rudder v Barbara Kanhai
Civ App No 22 of 2013
Appeal pending
CV 2012–05128 (2013.01.21)
RULE 17.1(1)(f) — GOOD ARGUABLE CASE — THRESHOLD TEST — FREEZING
INJUNCTION

2012
PRIVY COUNCIL/ COURT OF APPEAL

Caryn Sobers v Pricesmart Trinidad Limited and Another
Civ App No 55 of 2012 (2012.03.26)
Appeal allowed
CV 2011–02972 (2012.03.22)
RULE 17.4 — RULE 17.5 — INTERIM PAYMENT — SUBSTANTIAL AMOUNT
RECOVERABLE — BOUND TO SUCCEED AT TRIAL

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PART 18 COUNTERCLAIMS, ANCILLARY
CLAIMS AND OTHER
SIMILAR CLAIMS

Contents of this Part Rule 18.1
Rule 18.2
Meaning of “ancillary claim” Rule 18.3
Rule 18.4
Ancillary claim to be treated as claim for the purposes of the Rules Rule 18.5
Rule 18.6
Defendant’s claim for contribution or indemnity from co-defendant
Rule 18.7
Procedure for making ancillary claim other than counterclaim Rule 18.8
Rule 18.9
Making a counterclaim
Rule 18.10
Counterclaim may survive claim Rule 18.11

Restrictions on right to make counterclaim or set-off Rule 18.12
in proceedings by or against the State
Rule 18.13
Adding other defendants to counterclaim Rule 18.14

Defence to ancillary claim

Matters relevant to the question whether an ancillary claim
should be dealt with separately from the main claim

Effect of service of ancillary claim form

Special provisions relating to judgment on failure
to file defence to ancillary claim

Procedural steps on service of ancillary claim form
on non-party

Case management where there is defence to ancillary claim

Meaning of “ancillary claim”

18.1 (1) An “ancillary claim” is any claim other than a claim by a claimant against a
defendant or a claim by a defendant to be entitled to a set off and includes—

(a) a counterclaim by a defendant against the claimant or against the
claimant and some other person;

(b) a claim by the defendant against any person (whether or not already
a party) for contribution or indemnity or some other remedy; and

(c) where an ancillary claim has been made against a person, any claim
made by that person against any other person (whether or not already
a party).

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(2) In this Part—

“ancillary claimant” means a person who makes an ancillary claim; and

“ancillary defendant” means the defendant to that claim.

(3) Where an ancillary defendant makes an ancillary claim against a further
person that person is to be called the “second (or as the case may be)
ancilliary defendant”.

(4) No ancillary claim may be made in proceedings by or against the State
unless the court gives permission.

(5) The court may not give permission under paragraph (4) for the issue of
an ancillary claim against the State unless it is satisfied that the State is in
possession of all such information as it reasonably requires—

(a) about the claim made against it; and

(b) as to the departments and officers of State concerned.

Ancillary claim to be treated as claim for the purposes of the Rules

18.2 (1) An ancillary claim is to be treated as if it were a claim for the purposes of
these Rules except as provided by this rule.

(2) The following rules do not apply to ancillary claims—

(a) rules 8.13 and 8.14 (time within which a claim may be served);

(b) those provisions in Part 12 which enable a claimant to enter default
judgment; and

(c) rule 12.7 (nature of default judgment).

Defendant’s claim for contribution or indemnity from co-defendant

18.3 (1) A defendant who has filed a defence may make an ancillary claim for
contribution or indemnity against another defendant by—

(a) issuing a notice containing a statement of the nature and grounds
of his claim; and

(b) serving that notice on the other defendants.

(2) Rule 18.4 does not apply to an ancillary claim under this rule.

Procedure for making ancillary claim other than counterclaim

18.4 (1) A defendant may make an ancillary claim without the court’s permission,
if the ancillary claim is issued before the date of the first case management
conference.

(2) Where paragraph (1) does not apply an ancillary claim may be made only
if the court gives permission.

(3) An application for permission to make an ancillary claim may be made
without notice unless the court directs otherwise.

(Part 11 deals with applications to the court)

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(4) The court may give permission at a case management conference.

(5) The court must not give permission after the first case management
conference to any person who was a party at the time of the case
management conference unless satisfied that there has been a significant
change in circumstances which became known after the case management
conference.

(6) This rule does not apply to a counterclaim.

Making a counterclaim

18.5 (1) A defendant who alleges that he has a claim or is entitled to a remedy
against the claimant may file and serve a counterclaim, as well as filing
and serving a defence.

(2) There need be no connection between the claim and a counterclaim.

(3) The defendant may make a counterclaim—

(a) without the court’s permission if he files and serves it at the same
time as the defence; or

(b) with the court’s permission at any other time.

(4) The court may give the defendant such permission at a case management
conference.

(5) The court shall not give the defendant such permission after the first case LN 126
of 2011
management conference, unless it is satisfied that—

(a) there is a good explanation for the counter-claim not having been
made prior to that case management conference; and

(b) the application to make the counter-claim was made promptly.

(5A) In considering whether to give permission, the court shall have regard LN 126
of 2011
to—

(a) the interests of the administration of justice;

(b) whether there has been a significant change in the circumstances
which became known after the first case management conference;

(c) whether the failure to file the counter-claim arose because of a
failure of the party or his attorney;

(d) whether the trial date or any likely trial date can still be met if
permission is given; and

(e) whether any prejudice may be caused to the parties if permission is
given or refused.

(6) All rules which apply to claims apply also to counterclaims except—

(a) rules 8.13 and 8.14 (time within which claim may be served);

(b) Part 9 (appearance);

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(c) those provisions in Part 12 which enable a claimant to enter
judgment for failure to file a defence; and

(d) rule 12.7 (nature of default judgment).

Counterclaim may survive claim
18.6 The defendant may continue a counterclaim even if—

(a) the court gives judgment on the claim for the claimant and does not
dismiss the counterclaim; or

(b) the claim is stayed, discontinued or dismissed.

Restrictions on right to make counterclaim or set-off in proceedings by or against the
State
18.7 (1) No counterclaim may be made or set-off pleaded in proceedings by the

State if—
(a) the proceedings are for the recovery of; or
(b) the counterclaim or set-off arises out of,
right or claim to repayment in respect of any taxes, duties or penalties.
(2) No counterclaim may be made or set-off pleaded in any other proceedings
by or against the State without the permission of the court.

Adding other defendants to counterclaim
18.8 (1) If the defendant to the claim says that someone else is liable on the

counterclaim as well as the claimant, he may add that other person as a
defendant to the counterclaim.
(2) If a person so added is not already a party, the defendant must add the
person’s name to the title of the claim as “defendant to the counterclaim”.
(Rule 18.13 deals with the documents to be served on a defendant who is not
already a party)

Defence to ancillary claim
18.9 (1) A person against whom an ancillary claim is made may file a defence.

(2) The period for filing a defence is the period of 28 days after the date of
service of the ancillary claim.

(3) The rules relating to a defence to a claim apply to a defence to an ancillary
claim except Part 12 (Judgment for failure to respond).

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Matters relevant to the question whether an ancillary claim should be dealt with
separately from the main claim

18.10 (1) This rule applies when the court is considering whether to—

(a) permit an ancillary claim to be made;

(b) dismiss an ancillary claim; or

(c) require the ancillary claim to be dealt with separately from the claim.

(Rules 26.1(g) and (h) deal with the court’s power to decide the order
in which issues are to be tried or to order that part of the proceedings
be dealt with separately).

(2) The court must have regard to all the circumstances of the case including—

(a) the connection between the ancillary claim and the claim;

(b) whether the ancillary claimant is seeking substantially the same
remedy which some other party is claiming from him;

(c) whether the facts in the ancillary claim are substantially the same, or
closely connected with, the facts in the claim; and

(d) whether the ancillary claimant wants the court to decide any question
connected with the subject matter of the proceedings—

(i) not only between the existing parties but also between existing
parties and the proposed ancillary claim defendant; or

(ii) to which he is already a party but also in some further capacity.

Effect of service of ancillary claim form

18.11 (1) A person on whom an ancillary claim form is served becomes a party to
the proceedings if he is not already a party.

(2) When an ancillary claim form is served on an existing party for the purpose
of requiring the court to decide a question against that party in a further
capacity, that party also becomes a party in the further capacity specified
in the notice.

Special provisions relating to judgment on failure to file defence to ancillary claim

18.12 (1) This rule applies if the party against whom an ancillary claim is made fails
to file a defence in respect of the ancillary claim within the permitted time.

(Rule 18.9 (2) deals with the time for filing a defence to an ancillary claim)

(2) The party against whom the ancillary claim is made—

(a) is deemed to admit the ancillary claim, and is bound by any judgment
or decision in the main proceedings in so far as it is relevant to any
matter arising in the ancillary claim; and

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(b) subject to paragraph (4) if judgment under Part 12 is given against
the ancillary claimant, he may enter judgment in respect of the
ancillary claim.

(3) However, paragraph (2) does not apply in ancillary proceedings against
the State unless the court gives permission.

(4) An ancillary claimant may not enter judgment under paragraph (2)(b) if
he wishes to obtain judgment for any remedy other than a contribution
or indemnity for a sum not exceeding that for which judgment has been
entered against him.

(5) An application for the court’s permission under paragraph (3) may be
made without notice unless the court directs otherwise.

(6) The court may at any time set aside or vary a judgment entered under
paragraph (2) if it is satisfied that—
(i) the ancillary defendant applied to set aside or vary the
judgment promptly; and
(ii) the ancillary defendant has a defence to the ancillary claim
which has a realistic chance of success.

Procedural steps on service of ancillary claim form on non-party
18.13 Where an ancillary claim form is served on a person who is not already a party—

(a) a copy of—
(i) every statement of case which has already been served in the
proceedings; and
(ii) such other documents as the court directs,
must also be served.

(b) a copy of the ancillary claim form must be served by the ancillary
claimant on every existing party.

Case management where there is defence to ancillary claim
18.14 (1) Where a defence is filed to an ancillary claim the court must consider the

future conduct of the proceedings and give appropriate directions.
(2) The court must fix a case management conference for all parties unless

it is satisfied that such further directions as are required can be given in
written form.
(3) In giving directions under this rule the court must ensure that, so far as is
practicable, the ancillary claim and the main claim are managed together.

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FORMER RULE

The current rule 18.5 was brought about by the deletion and substitution of sub-rule
(5) and the insertion of sub-rule (5A) by rule 10 of the Civil Proceedings (Amendment)
Rules, 2011 Legal Notice No 126 of 2011.

As set out in the 2006 publication, sub-rule (5) read as follows:

(5) The court may not give the defendant such permission after a case
management conference unless the defendant can show that there
has been a significant change in circumstances which became
known after the case management conference.

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CASES

2016
PRIVY COUNCIL/ COURT OF APPEAL

Satnarine Maharaj v The Great Northern Insurance Company Limited and Another
Civ App No P198 of 2015 (2016.02.16)
Appeal allowed
RULE 18.1 — RULE 18.2 — RULE 18.12 — FAILURE TO FILE DEFENCE —
WHETHER AMOUNTING TO ADMISSION

2014
PRIVY COUNCIL/ COURT OF APPEAL

Gulf View Medical Centre and Another v Karen Tesheira and Another
Civ App No P187 of 2013 (2014.07.31)
Appeal dismissed
RULE 18.4(5) — SIGNIFICANT CHANGE IN CIRCUMSTANCES — WHETHER
CHANGE KNOWN AFTER FIRST CMC

HIGH COURT

Allana K A La Borde v Anthony Crawford and Another
CV 2013–01542 (2014.05.01)
Lester Mundie v Anthony Crawford and Another
CV 2013–00754 (2014.05.01)
Daniel Spencer v Anthony Crawford and Others
CV2013–01804 (2014.05.01)
RULE 18.12(6) — ANCILLARY CLAIM — SETTING ASIDE — PROMPTITUDE —
SUFFICIENCY OF DEFENCE — REALISTIC CHANCE OF SUCCESS

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2012
HIGH COURT

VITCO TT Ltd v Motilal Ramhit and Sons Constructing Company

CV 2011–03758 (2012.07.31)

RULE 18.12(2)(a) — DEFAULT JUDGMENT — FAILURE TO FILE DEFENCE —
PROCEDURAL DEFECT — REPLY AMOUNTING TO DEFENCE

(Also under Part 1)

Peter Serrette and Others v Vidya S Sinanan and Another

CV 2007–00706, CV 2007–00707, CV 2007–00709, CV 2007–00710, CV 2007–
00711, CV 2007–01862 (2012.06.11)

RULE 18.12(2) — ANCILLARY CLAIM — DEFAULT OF DEFENCE — IMPLIED
ADMISSION

Hazel De Barry v James Mookram

CV 2011–02116 (2012.02.16)

RULE 18.5(3) — DEFENCE AND COUNTERCLAIM TO BE FILED AT SAME TIME —
COUNTERCLAIM FILED AT TIME OF AMENDED DEFENCE — REQUIREMENTS
SATISFIED

2011
HIGH COURT

Idorine George v Cynthia Taylor
CV 2008–00924 (2011.07.14)
RULE 18.4 — APPLICATION TO JOIN ANCILLARY DEFENDANT — SIGNIFICANT
CHANGE IN CIRCUMSTANCES — KNOWLEDGE AT THE TIME OF FIRST CMC

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PART 19 ADDITION AND SUBSTITUTION
OF PARTIES

Contents of this Part Rule 19.1
Scope of this Part Rule 19.2
Change of parties—general Rule 19.3
Claim not to fail by adding or failing to add parties
Provisions applicable where two or more persons are Rule 19.4
jointly entitled to a remedy Rule 19.5
Procedure for adding and substituting parties

Scope of this Part
19.1 This Part deals with the addition or substitution of parties after proceedings

have been commenced.

Change of parties—general
19.2 (1) This rule applies where a party is to be added or substituted.

(2) A party may add a new party to proceedings without permission at any
time before a case management conference.

(3) The court may add a new party to proceedings if—

(a) it is desirable to add the new party so that the court can resolve all the
matters in dispute in the proceedings; or

(b) there is an issue involving the new party which is connected to the
matters in dispute in the proceedings and it is desirable to add the
new party so that the court can resolve that issue.

(4) The court may order any person to cease to be a party if it considers that it
is not desirable for that person to be a party to the proceedings.

(5) The court may order a new party to be substituted for an existing one if—

(a) the existing party’s interest or liability has passed to the new party;
and

(b) the court can resolve the matters in dispute more effectively by
substituting the new party for the existing party.

(6) The court may add or substitute a party at a case management conference.

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(7) The court may not add a party after a case management conference on the
application of an existing party unless that party can satisfy the court that
the addition is necessary because of some change in circumstances which
became known after the case management conference.

Claim not to fail by adding or failing to add parties
19.3 The general rule is that a claim shall not fail because—

(a) a person was added as a party to the proceedings who should not
have been added; or

(b) a person who should have been made a party was not made a party
to them.

Provisions applicable where two or more persons are jointly entitled to a remedy
19.4 However—

(a) Where a claimant claims a remedy to which some other person is
jointly entitled with him all persons jointly entitled to the remedy
must be parties to the proceedings, unless the court orders otherwise.

(b) If any person does not agree to be a claimant, he must be made a
defendant, unless the court orders otherwise.

This rule does not apply in probate proceedings.

Procedure for adding and substituting parties
19.5 (1) The court may add, substitute or remove a party on or without an

application.
(2) An application for permission to add, substitute or remove a party may be

made by—
(a) an existing party; or
(b) a person who wishes to become a party.
(3) An application for an order under rule 19.2(5) (substitution of new party
where existing party’s interest or liability has passed) may be made without
notice but must be supported by evidence.
(4) Nobody may be added or substituted as a claimant unless—
(a) he has given his consent in writing; and
(b) that consent has been filed with the court office.
(5) An order for the addition, substitution or removal of a party must be
served on—
(a) all parties to the proceedings;
(b) any party added or substituted; and
(c) any other person affected by the order.

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(6) Where the court makes an order for the removal, addition or substitution
of a party, it must consider whether to give consequential directions
about—

(a) filing and serving the claim form and any statements of case on any
new defendant;

(b) serving relevant documents on the new party; and

(c) the management of the proceedings.

(7) Where—

(a) the court makes an order for the addition or substitution of a new
party; and

(b) the new party is a defendant and the claim form is served on him,

these Rules apply to the new party as they apply to any other party.

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CASES

2015
PRIVY COUNCIL/ COURT OF APPEAL

Helix Energy Solutions Group Incorporated v Otis Ryan and Another
Civ App No 157 of 2015 (2015.10.12)
Appeal allowed
RULE 19.2(3) — RULE 19.2(7) — JOINDER — LIMITATION OF ACTION — FIRST
CMC — SIGNIFICANT CHANGE IN CIRCUMSTANCES

2014
HIGH COURT

De Verteuil Daniel and Others v Ruthven Daniel
CV 2008–02860 (2014.04.08)
RULE 19.2(3) — ADDITION OF PARTY — DISCRETION — ISSUE DIRECTLY
INVOLVING NEW PARTY

2011
PRIVY COUNCIL/ COURT OF APPEAL

Anthony Murray and Others v Dorothy Vierra and Another
Civ App No 142 of 2011, Civ App No 143 of 2001 (2011.07.28)
Appeal dismissed
RULE 19.2 — RULE 19.3 — RULE 19.5 — JOINDER — LEGAL PERSONAL
REPRESENTATIVE — DISCRETION — RESOLUTION OF MATTERS IN DISPUTE

Alan Dick and Company Limited v Fast Freight Forwarders Limited and Another
Civ App No P214 of 2010 (2011.05.23)
Appeal dismissed
RULE 19.2(7) — NECESSITY OF JOINDER — CHANGE IN CIRCUMSTANCES
(Also under Parts 11 and 64)

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HIGH COURT

Trinidad Society for the Prevention of Cruelty to Animals v Hubert Dolsingh and Another
CV 2009–02909 (2011.05.23)
RULE 19.2 (3) — RULE 19.4 — RULE 19.5(4) — JOINDER — CONSENT OF
PROPOSED CLAIMANT — DISCRETION — RES JUDICATA

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PART 20 CHANGES TO STATEMENTS
OF CASE

Contents of this Part Rule 20.1
Changes to statements of case

Changes to statements of case

20.1 (1) A statement of case may be changed at any time prior to a case management
conference without the court’s permission.

(2) The court may give permission to change a statement of case at a case
management conference.

(3) The court shall not give permission to change a statement of case after LN 126
0f 2011
the first case management conference, unless it is satisfied that—

(a) there is a good explanation for the change not having been made
prior to that case management conference; and

(b) the application to make the change was made promptly.

(3A) In considering whether to give permission, the court shall have regard LN 126
0f 2011
to—

(a) the interests of the administration of justice;

(b) whether the change has become necessary because of a failure of
the party or his attorney;

(c) whether the change is factually inconsistent with what is already
certified to be the truth;

(d) whether the change is necessary because of some circumstance
which became known after the date of the first case management
conference;

(e) whether the trial date or any likely trial date can still be met if
permission is given; and

(f) whether any prejudice may be caused to the parties if permission is
given or refused.

(4) A statement of case may not be changed without permission under this
rule if the change is one to which rule 19.2 (change of parties) applies.

(5) Any amended statement of case must be filed promptly at the court
office.

(6) Where a statement of case is amended, the amendments must be verified
by a certificate of truth unless the court orders otherwise.

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FORMER RULE

The current rule 20.1 was brought about by the deletion and substitution of sub-rule
(3) and the insertion of sub-rule (3A) by rule 11 of the Civil Proceedings (Amendment)
Rules, 2011 Legal Notice No 126 of 2011.

As set out in the 2006 publication, sub-rule (3) read as follows:
(3) The court may not give permission to change a statement of case after
the first case management conference unless the party wishing to
change a statement of case can satisfy the court that the change is
necessary because of some change in circumstances which became
known after that case management conference.

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CASES

2017
PRIVY COUNCIL/ COURT OF APPEAL

SAISCON Limited v Estate Management and Business Development Company Limited
Civ App No 104 of 2016 (2017.04.26)
Appeal allowed
PART 20.1(2) — PART 20.1(3) — PERMISSION TO AMEND — COMMENCEMENT
AND CONCLUSION OF FIRST CMC
(Also under Part 27)

2016
PRIVY COUNCIL/ COURT OF APPEAL

Louis A Monteil and Another v Central Bank of Trinidad and Tobago and Another
Civ App No P019 of 2015 (2016.05.27)
Appeal dismissed
CV 2011–02140 (2014.10.14)
RULE 20.1(3) — RULE 20.1(3A) — CONSIDERATION OF ALL FACTORS —
SUBSTANTIAL CHANGE — APPLICATION DISMISSED
(Also under Parts 1, 26 and 35)

Chantal Riguad v Anthony Lambert
Civ App No 112 of 2016 (2016.07.04)
Appeal dismissed
CV 2015–01091 (2016.04.13)
RULE 20.1(1) — RULE 20.1(2) — RULE 20.1(3) — RULE 20.1(3A) —APPLICATION
TO AMEND — FIRST CMC NOT CONCLUDED — PERMISSION REQUIRED-
CONSIDERATION OF ALL FACTORS
(Also under Part 26)

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HIGH COURT

The National Insurance Board of Trinidad and Tobago v The Trinidad and Tobago National
Petroleum Company Limited
CV 2012–03949 (2016.04.20)
RULE 20.1— RULE 20.2 — RULE 20.3 — PERMISSION TO AMEND DEFENCE —
WHETHER FIRST CMC CONCLUDED — CONSIDERATION OF ALL FACTORS
(Also under Parts 1 and 27)

2015
PRIVY COUNCIL/ COURT OF APPEAL

Cristal Roberts and Another v Dr Samantha Bhagan and Another
Civ App No P263 of 2014 (2015.07.24)
Appeal dismissed
RULE 20.1(3) — RULE 20.1(3A) — THRESHOLD REQUIREMENTS SATISFIED —
CONSIDERATION OF FACTORS — PERMISSION TO AMEND

2014
PRIVY COUNCIL/ COURT OF APPEAL

Real Time Systems Limited v Renraw Investments Limited and Others
[2014] UKPC 6 (2014.03.03)
Appeal dismissed
STATEMENT OF CASE — SUFFICIENCY OF PARTICULARS — PROCEEDINGS
NOT AT CMC STAGE — DEFECT COULD BE REMEDIED — PERMISSION NOT
REQUIRED
(Also under Parts 8, 26 and 35)

HIGH COURT

Yunus Meighoo v Ashram Persad and Others
CV 2013–01963 (2014.09.22)
RULE 20.1(3) — RULE 20.1(3A) — CONSIDERATION OF ALL FACTORS —
AMENDMENT ALLOWED
(Also under Part 35)

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