Jun 2016
BRITISH VIRGIN ISLANDS
COURT OF APPEAL
INTERLOCUTORY APPEAL – CIVIL APPEAL – MEDICAL NEGLIGENCE – STRIKING OUT PURSUANT TO CIVIL PROCEDURE RULES (“CPR”) 26.3(1)(B) – SUMMARY JUDGMENT PURSUANT TO CPR PART 15 – CONTRACT – AGENCY – TORT – DUTY OF CARE OWED TO MEDICAL PATIENT – WHETHER CLAIM BROUGHT BY RESPONDENT WAS STATUTE BARRED – INTERPRETATION OF ARTICLES 2121(7) AND 2122 OF CIVIL CODE – INDEMNITY – CONTRIBUTION – WHETHER RCC WAS JOINT TORTFEASOR FOR PURPOSE OF CLAIMING CONTRIBUTION PURSUANT TO ARTICLE 989C(1)(C) OF CIVIL CODE – LEGAL TEST FOR STRIKING OUT STATEMENT OF CASE OR PART OF IT – LEGAL TEST FOR SUMMARY JUDGMENT – WHETHER LEGAL TESTS FOR STRIKING OUT AND SUMMARY JUDGMENT DISTINCT AND SEPARATE
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.