BRITISH VIRGIN ISLANDS
COURT OF APPEAL
CIVIL APPEAL – INTERLOCUTORY APPEAL – APPEAL AGAINST CASE MANAGEMENT DECISION – RULE 56 OF THE CIVIL PROCEDURE RULES 2000 – RULE 26.9 OF THE CIVIL PROCEDURE RULES 2000 – WHETHER TRIAL JUDGE ERRED IN STRIKING OUT CLAIM ON THE BASIS OF ALLEGED BREACH OF THE RULES – WHETHER LEARNED TRIAL JUDGE EXERCISED HIS DISCRETION PROPERLY IN NOT UTILISING HIS CASE MANAGEMENT POWERS TO RECTIFY MATTERS WHERE THERE WAS A PROCEDURAL ERROR
This was an appeal by Savita Salisbury (the “Appellant”) against the decision of the Trial Judge to strike out the Appellant’s claim on the basis of her non-compliance with Rule 56.7(3) of the CPR.
The appeal was allowed. The Court of Appeal (sitting by a single justice) made a number of important findings on (i) the application of Rule 26.9(3) (i.e. the rule to correct matters where there has been a procedural irregularity) and (ii) when it might be appropriate to strike out a claim where there has been non-compliance and the rule or order does not provide for a sanction.