Judgment
Magdalyn Burlington v Butterfield Bank (Cayman) Limited - Judgment
G 0139/2017 · 2024-07-10
Civil Procedure; Strike out for want of prosecution; principles to be applied; allocation of responsibility for delay; whether delay excusable due to plaintiff’s impecuniosity; expert becoming unavailable to give evidence; whether claim to be struck out where liability admitted and payment into court. Civil Procedure; Strike out as abuse of process; whether appropriate to draw inference that plaintiff does not intend to progress claim to trial; whether claim to be struck out as a result. Inordinate and inexcusable delay; Prejudice and fairness in assessment of damages
Full metadata
| Cause Number | G 0139/2017 |
|---|---|
| Court | CIGC (Civ) |
| Judge | Asif J |
| Parties | Magdalyn Burlington v Butterfield Bank (Cayman) Limited - Judgment |
| Judgment Date | 2024-07-10 |
| Subject | Civil Procedure; Strike out for want of prosecution; principles to be applied; allocation of responsibility for delay; whether delay excusable due to plaintiff’s impecuniosity; expert becoming unavailable to give evidence; whether claim to be struck out where liability admitted and payment into court. Civil Procedure; Strike out as abuse of process; whether appropriate to draw inference that plaintiff does not intend to progress claim to trial; whether claim to be struck out as a result. Inordinate and inexcusable delay; Prejudice and fairness in assessment of damages |
| Filename (current) | 24-07-10-Burlington-v-Butterfield-Bank-Judgment.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Limitation Act | — | 2 |
| Grand Court Rules - Vol I - Orders (subordinate) | — | 1 |
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