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