This is an Appeal concerning an unfortunate series of events relating to the medical treatment of an individual at a local hospital in St Lucia. An application to strike out and/ or dismiss a statement of claim which sought relief under four separate heads – contract; tort; claims under US law and the Civil code; and a contribution at common law – was brought before the Judge who found that the Claim did not disclose any cause of action in tort. The Judge subsequently struck out the claim for relief sought under that head.
The Appeal concerned whether the Judge had erred as to the proper test to be applied and/ or the application of such test in relation to the striking out of a case at a preliminary stage.
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Royal Caribbean Cruises -v- Medical Associates Limited & Others SLUHCVAP2014/0024