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In a highly contested matter which had been heavily litigated in Jamaica both before and after the introduction of the Civil Procedure Rules 2003 (Jamaica), it did not matter whether the court applied the old Civil Procedure Code or the CPR which replaced it; what mattered was that the court had sufficient regard to the overriding objective of dealing with cases justly and to the approach in McPhilemy v Times Newspapers Ltd (Re-Amendment: Justification) (1999) 3 All ER 775
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