Deidre Pigott Edgecombe and Nordel Edgecombe -v- Antigua Flight Training Centre Claim No. ANUHCVAP2015/0005 (June 2015)

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL – CIVIL PROCEDURE RULES – SETTING ASIDE DEFAULT JUDGMENT – WHETHER A PERSON CAN BRING A CLAIM IN HIS OR HER BUSINESS NAME AND OBTAIN A DEFAULT JUDGMENT

This Appeal was against the decision of the Court below to refuse to set aside judgment obtained in default on the ground that there were exceptional circumstances. The Appellant contended that because the Claim was commenced in the name of an entity that was not a legal person the Judgment obtained was contrary to law because the Respondent, not being a juristic person, could not be a party to and obtain judgment in respect of the Claim.

 

To continue reading full articles in PDF format:
Deidre Pigott Edgecombe and Nordel Edgecombe -v- Antigua Flight Training Centre Claim No. ANUHCVAP2015/0005 (June 2015)