Jamaica International Insurance Co Ltd v the Admin General for ...

action was required, for instance, whether the appeal related to an interlocutory orfinal order (Keith Williams v Attorney General and Jamaica Public Service),but none involved a situation such as in the instant case, where counsel could onlyfind the time, and considered it appropriate conduct, to glance at instructionsreceived, and as a consequence failed to comply with the rules.[36] In my opinion, not much needs to be said on the delay in this matter. Even ifeight months could not be considered to be an inordinate amount of time, theexplanation tendered by the applicant is inadequate. One would certainly haveexpected that senior counsel with many years of experience at the Bar would haveacted with greater diligence, responsibility and expedition. I agree with counsel forthe respondent that this was not a matter of mistake of the law or amisunderstanding of the rules but a careless approach to one’s professionalobligation. As a consequence, had the application been dependant on this alone itmay not have succeeded.Merit[37] There were several issues raised by counsel for the applicant in an effort tosupport his assertion that the appeal had a real prospect of success.Was the claim form valid for service?[38] Counsel for the applicant submitted that the applicant had a real chance ofsuccess on appeal. The first basis was that the application to extend the time forservice of the claim form was not made within the time permitted in the rules,