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Royal Caribbean Cruises -v- Medical Associates Limited & Others SLUHCVAP2014/0024

June 2016 Negligence Civil Procedure Rules Strike Out Summary Judgment

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - CIVIL APPEAL - MEDICAL NEGLIGENCE - STRIKING OUT PURSUANT TO CIVIL PROCEDURE RULES (“CPR”) 26.3(1)(B) - SUMMARY JUDGMENT PURSUANT TO CPR PART 15 - CONTRACT - AGENCY - TORT - DUTY OF CARE OWED TO MEDICAL PATIENT - WHETHER CLAIM BROUGHT BY RESPONDENT WAS STATUTE BARRED - INTERPRETATION OF ARTICLES 2121(7) AND 2122 OF CIVIL CODE - INDEMNITY - CONTRIBUTION - WHETHER RCC WAS JOINT TORTFEASOR FOR PURPOSE OF CLAIMING CONTRIBUTION PURSUANT TO ARTICLE 989C(1)(C) OF CIVIL CODE - LEGAL TEST FOR STRIKING OUT STATEMENT OF CASE OR PART OF IT - LEGAL TEST FOR SUMMARY JUDGMENT - WHETHER LEGAL TESTS FOR STRIKING OUT AND SUMMARY JUDGMENT DISTINCT AND SEPARATE

This is an Appeal concerning an unfortunate series of events relating to the medical treatment of an individual at a local hospital in St Lucia. An application to strike out and/ or dismiss a statement of claim which sought relief under four separate heads - contract; tort; claims under US law and the Civil code; and a contribution at common law - was brought before the Judge who found that the Claim did not disclose any cause of action in tort. The Judge subsequently struck out the claim for relief sought under that head.

The Appeal concerned whether the Judge had erred as to the proper test to be applied and/ or the application of such test in relation to the striking out of a case at a preliminary stage.

 

To continue reading full articles in PDF format:
Royal Caribbean Cruises -v- Medical Associates Limited & Others SLUHCVAP2014/0024

 

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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

Royal Caribbean Cruises -v- Medical Associates Limited & Others SLUHCVAP2014/0024

07 June 2016

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - CIVIL APPEAL - MEDICAL NEGLIGENCE - STRIKING OUT PURSUANT TO CIVIL PROCEDURE RULES (“CPR”) 26.3(1)(B) - SUMMARY JUDGMENT PURSUANT TO CPR PART 15 - CONTRACT - AGENCY - TORT - DUTY OF CARE OWED TO MEDICAL PATIENT - WHETHER CLAIM BROUGHT BY RESPONDENT WAS STATUTE BARRED - INTERPRETATION OF ARTICLES 2121(7) AND 2122 OF CIVIL CODE - INDEMNITY - CONTRIBUTION - WHETHER RCC WAS JOINT TORTFEASOR FOR PURPOSE OF CLAIMING CONTRIBUTION PURSUANT TO ARTICLE 989C(1)(C) OF CIVIL CODE - LEGAL TEST FOR STRIKING OUT STATEMENT OF CASE OR PART OF IT - LEGAL TEST FOR SUMMARY JUDGMENT - WHETHER LEGAL TESTS FOR STRIKING OUT AND SUMMARY JUDGMENT DISTINCT AND SEPARATE

This is an Appeal concerning an unfortunate series of events relating to the medical treatment of an individual at a local hospital in St Lucia. An application to strike out and/ or dismiss a statement of claim which sought relief under four separate heads - contract; tort; claims under US law and the Civil code; and a contribution at common law - was brought before the Judge who found that the Claim did not disclose any cause of action in tort. The Judge subsequently struck out the claim for relief sought under that head.

The Appeal concerned whether the Judge had erred as to the proper test to be applied and/ or the application of such test in relation to the striking out of a case at a preliminary stage.

 

To continue reading full articles in PDF format:
Royal Caribbean Cruises -v- Medical Associates Limited & Others SLUHCVAP2014/0024

 

 

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