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Barbara Campsell -v- David Sookwa SLUHCVAP2014/0018

February 2016 Civil Procedure RulesStrike Out

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL – STRIKE OUT OF APPELLANT’S DEFENSE BY LEARNED JUDGE – JUDGMENT ENTERED FOR RESPONDENT IN APPELLANT’S ABSENCE – WHETHER LEARNED JUDGE FAILED TO PROPERLY EXERCISE DISCRETION PROVED BY CIVIL PROCEDURE RULES (“CPR”) 26.2 TO MAKE ORDERS OF ITS OWN INTIATIVE

This Appeal arose out of the decision of the Learned Judge to strike out the defence of Barbara Campsell (the “Appellant”) and enter judgment for David Sookwa (the “Respondent”) for the sum that the Appellant allegedly owes him. The Appellant and her counsel did not attend a case management conference, and her explanation was that she assumed the hearing date had been changed and that her counsel thought that the hearing was set for another date.

The Appellant appealed against the order of the Learned Judge on grounds, inter alia, that the Learned Judge failed to exercise her discretion properly and exceeded the Court’s power in CPR 26.2 to make an order of her own initiative striking out the Appellant’s defence and entering judgment against her.

 

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