Richard Frederick v Kenny Anthony

Richard Frederick v Kenny Anthony

8.account or giving much weight irrelevant factors and considerations JUDGMENT MITCHELL JA [AG.]: is an appeal from a case management order made by 4th 3 in a defamation suit before her in the High Court It been passed to me to deal with as a single judge of the pursuant rule 6(1) of the Civil Procedure Rules 2000. respondent’s attorney failed to comply with the master’s earlier direction to file witness statements by a certain date. There was unchallenged medical evidence the attorney had been ill and receiving hospital treatment just before the date given instructions her clerk to file the witness the authorities of lQUICUf\,l’\mj’UU Bank Mavis Williams, al Bacardi International Limited,2 Williams Construction (St. Lucia) Limited v Inter-Island Dredging Co. ltd.,3 Paulette Robert qua Administratrix of the Estate of her minor son Jermal aka Jamal Robert [deceased] v Cyrus Faulkner et al.4 She also of the appellant’s affidavit to comply with CPR 30.3 in detailed, which are not relevant to this appeal. She weighed factors was called on to weigh in coming to her decision. attorney appellant had agreed to the late filing of the witness statements, it would still have been possible to meet the trial date. She 1 Commonwealth of Dominica, High Court Civil Appeal DOMHCVAP2005/0020 (delivered 29th January 2007, unreported). 2 Anguilla, High Civil Appeal AXAHCVAP2007/0003 (delivered 23rd November 2007, unreported), Sf. Court Civil Appeal SLUHCVAP2011!0017 (delivered 19th March 2012, unreported), Appeal SLUHCVAP2007/0029 (delivered 25th October 2007, unreported), as soon as filed is a conclusion not supported by any legal authority. appellant to John Cecil Rose v Anne Marie Uralis Rose,5 Reeves v Platinum Trading Management ltd,6 The Attorney General v Universal Projects Limited,? the applicable principles in our jurisdiction to govern the of a discretion to extend time in his judgment in the John Cecil Rose case (above) under CPR. In that case, the trial judge made an award of an amount of the matrimonial property to Mrs. Rose in proceedings ancillary to a St. Lucia, High Court Appeal SLUHCVAP2003/0019 (delivered 22nd September 2003, unreported). 72 WIR 195. UKPC was a good one, and dismissed the appeal. Lord Dyson, dismissing the appeal, see inexcusable oversight can ever amount a Similarly, if the explanation for the breach is administrative real before me is the exercise by a trial judge of a case management discretion. The appellant has filed detailed submissions and a bundle of the authorities referred to in the submissions, all of which I have read. The appellant has, however, failed to demonstrate to me that the learned trial judge in the exercise of her discretion, and in the words of Sir Vincent Floissac CJ in Dufour speaking the CPR does not apply to divorce proceedings.

Islands, Appeal BVIHCVAP200710005 (re-issued