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Agnes Danzie et al -v- Cecil Anthony Claim No. SLUHCVAP 2015/0009 (December 2015)

December 2015 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL – CIVIL PROCEDURE RULES – APPELLANTS’ DEFENCE STRUCK OUT IN COURT BELOW BY LEARNED JUDGE FOR NON-COMPLIANCE WITH PREVIOUS ORDER OF COURT WHICH REQUIRED THAT COSTS BE PAID PRIOR TO LATE FILING OF DEFENCE – JUDGMENT ENTERED FOR RESPONDENT IN HER ABSENCE – WHETHER LEARNED JUDGE ERRED IN STRIKING OUT APPELLANTS’ DEFENCE AND ENTERING JUDGMENT FOR RESPONDENT IN HER ABSENCE – WHETHER STRIKING OUT OF DEFENCE AND ENTRY OF JUDGMENT BY LEARNED JUDGE WAS CONTRARY TO CIVIL PROCEDURE RULES (“CPR”) 27.2(3) AND RULES OF NATURAL JUSTICE

This Appeal is against the decision of the Court below to strike out a defence following the failure by the Respondent to satisfy an Order that costs be paid prior to the filing of its defence, and to enter summary judgment in the Respondent’s absence without taking evidence.

 

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Agnes Danzie et al -v- Cecil Anthony Claim No. SLUHCVAP 2015/0009 (December 2015)

 

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