Henderson J
1 IN THE GRAND COURT OF THE CAYMAN ISLANDS 2 HOLDEN AT GEO 3 4 5 6 7 8 9 BETWEEN: 10 11 12 13 14 AND: HUGH GERALD AUBRECHT RUPERT GEORGE ANGEL CAUSE NO. C251/05 Petitioner 15 16 17 18 Appearances: 19 20 21 22 23 24 Before: 25 26 27 Heard: 28 29 30 31 32 33 Miss Kirsten Houghton of Campbells for the Plaintiff Mr. Norman Hill instructed by Ms. Keva Reid of M Company for the Defendant Hon. Justice Henderson November 2, 2006 RULING Respondent McKinney Reid & 34 The plaintiff Hugh C 35 36 Mr. Aubrecht suffered 37 safely be concluded, 38 substantial. The app- 39 which will succeed as 40 Ruling – Hugh Geral Aubrecht Gerald Aubrecht, asks for an interim payment in the am- plaintiff's civil action against Mr. Keva Reid and M Company for the catastrophic injuries in a motor vehicle accident several years ago, that, if liability is established, the damage award as I do, that, if liability is established, the damage award indicated is resisted on the ground that Mr. Aubrecht does trial. NOTES: 16 2005.02.11.06 Cayman Island Cause No. 251 of $200,000. In years ago, it can be very is not have a claim Page 1 of 3
1 The defendant, Rupe 2 plaintiff is impecunio 3 requiring him to post 4 view that security for 5 prospect of the plainti 6 commercial claims.) George Angel, counters with an application for security so the tort claim would necessarily fall into abeyance. security for costs. On broad grounds of public policy, a costs, particularly in tort claims, should not be awarded off being able to satisfy the order. (The position may w The application for security for costs is dismissed. 7 if I make any order d fairness, I am of the where there is no all be different in 8 Before we can award 9 this jurisdiction and 10 Quadrex Holdings Inc 11 "But O 12 Lehme 13 first s" 14 the bu 15 it like 16 17 The test is a high one 18 that the interim paym 19 to any plaintiff an interim payment, a high burden must be met in England is set out succinctly in British and Common
1 Q.B. 842 (CA). At pages 865 and 866, the order 29, as construed by this court in the Shearson case [1987] 1 W.L.R. 480, requires the court at the age to be satisfied that the plaintiff will succeed and den is a high one. It is not enough that the court thinks that the plaintiff will succeed at trial." and must necessarily be high where, as is the case here, end will be repaid if the claim is dismissed. be met. The law in health Holdings PLC v. voice Chancellor said: there is no prospect 20 I have listened carefully 21 I have considered all 22 conclude that this pla 23 success at trial, but I 24 25 For these brief reaso 26 Ruling - Hugh Geral Aubrechts fully as counsel rehearsed the arguments which each would of the more important parts of the evidence. I find that plaintiff will succeed at trial. Certainly, the plaintiff has no higher than that. can put it no higher than that. As such, if the application for an interim payment is dismissed, as the application for an interim payment is dismissed. 7 Rupert Angel Cause No. 251 of 2005 02.11.06 I did advance at trial, and myself unable to reasonable prospects of Page 2 of 3
1 I am not without sym- 2 and of the Chief Justi- 3 this matter down in th- 4 will have to bring in 5 6 Dated this 2nd day of 7 8 Henderson, J. 9 Henderson, J. 10 Judge of the Grand Court November, 2006 of the Listing Officer am at liberty to set
It may be that we done if necessary. 8 Henderson, J. 9 Henderson, J. 10 Judge of the Grand Court v. William Angel Cause No. 251 of 2005 02.11.06 Page 3 of 3