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Trinidad and Tobago – Civil Proceedings Rules. The judge had, under Civil Proceedings Rule 26.2, struck out the claimant's statement of case on the ground that the claimant had failed to respond positively to the defendants' request for details of the events that had given rise to the proceedings. The Court of Appeal had allowed the claimant's appeal as the judge had been wrong to hold that he could not, in particular under r 26.1(1)(w), order particulars of a statement of case at the stage when the matter had been before him. The Privy Council dismissed the defendants' appeal as the court's express discretion whether to strike out, under r 26.2, meant that the judge had to consider alternatives to strike out, such as ordering the claimant to serve further details or an amended statement of case.
Trinidad and Tobago – Civil Proceedings Rules. The judge had, under Civil Proceedings Rule 26.2, struck out the claimant's statement of case on the ground that the claimant had failed to respond positively to the defendants' request for details of the events that had given rise to the proceedings. The Court of Appeal had allowed the claimant's appeal as the judge had been wrong to hold that he could not, in particular under r 26.1(1)(w), order particulars of a statement of case at the stage when the matter had been before him. The Privy Council dismissed the defendants' appeal as the court's express discretion whether to strike out, under r 26.2, meant that the judge had to consider alternatives to strike out, such as ordering the claimant to serve further details or an amended statement of case.
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