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Offshore Cases

Savita Indira Salisbury -v- The Director of the Office of National Drug and Money Laundering Control Policy ANUHCVAP 2012/0044

March 2014 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

CIVIL APPEAL - INTERLOCUTORY APPEAL - APPEAL AGAINST CASE MANAGEMENT DECISION - RULE 56 OF THE CIVIL PROCEDURE RULES 2000 - RULE 26.9 OF THE CIVIL PROCEDURE RULES 2000 - WHETHER TRIAL JUDGE ERRED IN STRIKING OUT CLAIM ON THE BASIS OF ALLEGED BREACH OF THE RULES - WHETHER LEARNED TRIAL JUDGE EXERCISED HIS DISCRETION PROPERLY IN NOT UTILISING HIS CASE MANAGEMENT POWERS TO RECTIFY MATTERS WHERE THERE WAS A PROCEDURAL ERROR

This was an appeal by Savita Salisbury (the “Appellant”) against the decision of the Trial Judge to strike out the Appellant’s claim on the basis of her non-compliance with Rule 56.7(3) of the CPR.

The appeal was allowed. The Court of Appeal (sitting by a single justice) made a number of important findings on (i) the application of Rule 26.9(3) (i.e. the rule to correct matters where there has been a procedural irregularity) and (ii) when it might be appropriate to strike out a claim where there has been non-compliance and the rule or order does not provide for a sanction.

 

To continue reading full articles in PDF format:
Savita Indira Salisbury -v- The Director of the Office of National Drug and Money Laundering Control Policy ANUHCVAP 2012/0044

 

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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

Savita Indira Salisbury -v- The Director of the Office of National Drug and Money Laundering Control Policy ANUHCVAP 2012/0044

18 March 2014

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

CIVIL APPEAL - INTERLOCUTORY APPEAL - APPEAL AGAINST CASE MANAGEMENT DECISION - RULE 56 OF THE CIVIL PROCEDURE RULES 2000 - RULE 26.9 OF THE CIVIL PROCEDURE RULES 2000 - WHETHER TRIAL JUDGE ERRED IN STRIKING OUT CLAIM ON THE BASIS OF ALLEGED BREACH OF THE RULES - WHETHER LEARNED TRIAL JUDGE EXERCISED HIS DISCRETION PROPERLY IN NOT UTILISING HIS CASE MANAGEMENT POWERS TO RECTIFY MATTERS WHERE THERE WAS A PROCEDURAL ERROR

This was an appeal by Savita Salisbury (the “Appellant”) against the decision of the Trial Judge to strike out the Appellant’s claim on the basis of her non-compliance with Rule 56.7(3) of the CPR.

The appeal was allowed. The Court of Appeal (sitting by a single justice) made a number of important findings on (i) the application of Rule 26.9(3) (i.e. the rule to correct matters where there has been a procedural irregularity) and (ii) when it might be appropriate to strike out a claim where there has been non-compliance and the rule or order does not provide for a sanction.

 

To continue reading full articles in PDF format:
Savita Indira Salisbury -v- The Director of the Office of National Drug and Money Laundering Control Policy ANUHCVAP 2012/0044

 

 

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