Bilika Harry Simamba v Cayman Islands Health Services Authority - Ruling on Strike-Out Application
Medical Negligence; Expert Evidence Requirement; Statutory Immunity under Health Services Law; Defendant's application to strike-out or obtain summary judgment on plaintiff's medical negligence claim; GCR Order 14 rule 12; GCR Order 14 rule 12; Health Services Law (2010 Revision) section 12; effect of statutory immunity from suit clause; whether immunity clause inoperative for inconsistency with Bill of Rights in Cayman Islands Constitution Order; judicial precedent; effect of previous decisions of courts of coordinate jurisdiction; sufficiency of expert evidence; whether discretion to strike-out should be exercised before trial; whether further opportunity to cure evidential deficiencies should be granted
All PDF copies on file (2)
Every PDF we hold for this judgment is listed here, including legacy versions pulled from earlier upstream pipelines. Each carries a provenance note so the source of each copy is explicit.
| Cause Number | G 0032/2014 |
|---|---|
| Court | CIGC (Civ) |
| Judge | Kawaley J |
| Parties | Bilika Harry Simamba v Cayman Islands Health Services Authority - Ruling on Strike-Out Application |
| Judgment Date | 2019-06-17 |
| Subject | Medical Negligence; Expert Evidence Requirement; Statutory Immunity under Health Services Law; Defendant's application to strike-out or obtain summary judgment on plaintiff's medical negligence claim; GCR Order 14 rule 12; GCR Order 14 rule 12; Health Services Law (2010 Revision) section 12; effect of statutory immunity from suit clause; whether immunity clause inoperative for inconsistency with Bill of Rights in Cayman Islands Constitution Order; judicial precedent; effect of previous decisions of courts of coordinate jurisdiction; sufficiency of expert evidence; whether discretion to strike-out should be exercised before trial; whether further opportunity to cure evidential deficiencies should be granted |
| Filename (current) | 19-06-17_bilika_harry_simamba_v_cayman_islands_health_services_authority.pdf |
| File MD5 | 917e862ad09609b670ee41987b5f11ce |
| Source pipeline | pdb |
| PDB record ID | 2122 |
| PDB URL | https://judicial.ky/n0c-storage/judgments-repository/19-06-17_bilika_harry_simamba_v_cayman_islands_health_services_authority.pdf |