Mobile Menu
Offshore Cases

Prudence Robinson -v- Sagicor General Insurance Inc (Formerly Barbados Fire And Commercial Insurance Company) SLUHCVAP 2013/0009 (September 2014)

September 2014 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - FAILURE TO COMPLY WITH CASE MANAGEMENT ORDER - RELIEF FROM SANCTIONS - RULE 26.8 OF THE EASTERN CARIBBEAN SUPREME COURT CIVIL PROCEDURE RULES 2000 - BALD ASSERTIONS MADE IN AFFIDAVIT IN SUPPORT OF APPLICATION FOR RELIEF FROM SANCTIONS - WHETHER ADEQUATE FOR PURPOSE OF DETERMINING WHETHER CRITERIA SATISFIED FOR GRANT OF RELIEF - WHETHER LEARNED JUDGE ERRED IN GRANTING RESPONDENT RELIEF FROM SANCTIONS

This Appeal is against a decision by the Judge below to grant relief from sanctions to Sagicor General Insurance Inc (“Sagicor”). The Court of Appeal allowed the Appeal. Setting aside the Judge’s Order granting relief from sanctions, the Court held, the Learned Judge did not pay proper regard to the inadequacy of the affidavit evidence in satisfying himself that there was a good explanation for the delay in filing the witness summary. Having made the finding that Sagicor had relied on bald assertions to support its application for relief from sanctions, the Judge erred in granting the application.

 

To continue reading full articles in PDF format:
Prudence Robinson -v- Sagicor General Insurance Inc (Formerly Barbados Fire And Commercial Insurance Company) SLUHCVAP 2013/0009 (September 2014)

 

Accolades
_

"Few firms can come close to Conyers on one critical metric, and this is the breadth of the client base."
- IFLR1000

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Prudence Robinson -v- Sagicor General Insurance Inc (Formerly Barbados Fire And Commercial Insurance Company) SLUHCVAP 2013/0009 (September 2014)

18 September 2014

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - FAILURE TO COMPLY WITH CASE MANAGEMENT ORDER - RELIEF FROM SANCTIONS - RULE 26.8 OF THE EASTERN CARIBBEAN SUPREME COURT CIVIL PROCEDURE RULES 2000 - BALD ASSERTIONS MADE IN AFFIDAVIT IN SUPPORT OF APPLICATION FOR RELIEF FROM SANCTIONS - WHETHER ADEQUATE FOR PURPOSE OF DETERMINING WHETHER CRITERIA SATISFIED FOR GRANT OF RELIEF - WHETHER LEARNED JUDGE ERRED IN GRANTING RESPONDENT RELIEF FROM SANCTIONS

This Appeal is against a decision by the Judge below to grant relief from sanctions to Sagicor General Insurance Inc (“Sagicor”). The Court of Appeal allowed the Appeal. Setting aside the Judge’s Order granting relief from sanctions, the Court held, the Learned Judge did not pay proper regard to the inadequacy of the affidavit evidence in satisfying himself that there was a good explanation for the delay in filing the witness summary. Having made the finding that Sagicor had relied on bald assertions to support its application for relief from sanctions, the Judge erred in granting the application.

 

To continue reading full articles in PDF format:
Prudence Robinson -v- Sagicor General Insurance Inc (Formerly Barbados Fire And Commercial Insurance Company) SLUHCVAP 2013/0009 (September 2014)

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com