Antigua Flight Training Center v Diedre Edgecombe et al

motion was served on the defendants on 8th December, 2014. have the defendants committed for failure to pay the judgment debt. That notice of committal 2014 and 22nd September, 2014 respectively. On 14th November, 2014 the claimant sought to of Service on 21st August, 2014. The judgment was served on the defendants on 17th September, service. The court office entered judgment for the claimant for failure to file any Acknowledgement 2014. On 24th March, 2014 the claimant applied for judgment in default of acknowledgement of [1] Cottle, J.: The claimant filed a claim form on 22nd January, 2014. It was served on 19th February, Reasons for Decision 2015: March 20 Mr. J. Hewlett for the Defendant Mr. A. Greer for the Claimant Appearances: Defendants DIEDRE EDGECOMBE NORDEL EDGECOMBE and Claimant ANTIGUA FLIGHT TRAINING CENTER BETWEEN: CLAIM NO: ANUHCV2011/0046 IN THE HIGH COURT OF JUSTICE THE EASTERN CARIBBEAN SUPREME COURT ANTIGUA AND BARBUDA showing any real prospect of successfully defending the claim. explanation for failing to enter acknowledgement of service. They did not exhibit a draft defence soon as reasonably practicable after finding out that judgment had been entered. They gave no

[8]It is to be pointed out that under CPR 2000 13.3 (1) the defendants did not apply to the court as set aside the judgment, the application to set aside was not granted. companies are capable of being litigants and as this objection was the basis for the application to

[7]Given this concession that there was no legal requirement that only natural persons and registered persons.

22.2. He agreed that the rule contemplated litigation by entitles other than natural and legal

[6]At the hearing of the application, counsel for the applicants/defendants considered CPR 2000 part name. Office since 29th August, 2011 and Grace Norman is the sole trader doing business under that business name registered with the Antigua and Barbuda Intellectual Property and Commerce

[5]The claimant filed an affidavit in reply. It was deposed that Antigua Flight Training Center is a filed. company incorporated in the name Antigua Flight Center Inc until six months after the claim was

[4]The application was supported by an affidavit of the first defendant. She swore that there was no acted without authority. setting aside the judgment. He sought to fix counsel for the claimant with liability in costs as having

[3]Counsel for the applicant contended that these constituted exceptional circumstances warranting on the same. law as the claimant is not a party and cannot as a matter of law initiate a claim and obtain judgment law and is incapable of giving instructions. The second ground was that the judgment is contrary to the application were that the claimant is not a legal personality and does not exist as a matter of

[2]On 12th January, 2015 the defendants applied to set aside the judgment in default. The grounds of High Court Judge ~~~ Brian Cottle

[11]I therefore declined to grant the application. claim is to be treated as a claim by a partner under CPR 22.1. [1 0] I had regard to CPR 22.2 (2) which allows for suit by a person in his or her business name. Such a judgment. entity, by itself, constituted exceptional circumstances warranting the setting aside of the default

[9]Instead counsel sought to persuade the court that the fact that the claimant is an unincorporated