9th October 2012

VIDEOCONFERENCE GRENADA 9th October 2012 APPLICATION AND APPEAL Case Name: George Blaize v Bernard La Mothe (trading as “Saint Andrews Connection Radio” SAC FM Radio) [High Court Civil Appeal No. 4 of 2012] Coram: The Hon. Mr. Davidson K. Baptiste, Justice of Appeal The Hon. Mde. Louise Blenman, Justice of Appeal The Hon. Mr. Mario Michel, Justice of Appeal Appearances: Appellant: Mr. James Bristol Respondent: Mr. Dwight Horsford with him Ms. Naeisha John Mr. Adebayo Olowu (holding a watching brief for the Attorney General) Issue: Whether rule 12.13(b) of the Civil Procedure Rules 2000 contravenes section 8(8) of the Grenada Constitution Order 1973 and ought to be declared null and void Result / Order: [Oral delivery]

1.The appeal is allowed.

2.It is declared that CPR Part 12.13 (b), insofar as it purports to restrict a defendant to be heard only on the matter of costs at the hearing of an assessment of damages following a default judgment, is in breach of the fair trial rights enshrined in section 8 (8) of the constitution and unconstitutional, null and void.

3.It is declared that a defendant is entitled to be heard on an assessment of damages in respect of the determination of the quantum thereof and to make submissions and cross-examine witnesses.

4.The assessment of damages is set aside and the matter be remitted to the High Court for directions and assessment of damages. Reason: Written reasons to follow.