Bilika Harry Simamba v Cayman Islands Health Services Authority - Ruling on Strike-Out Application
Medical Negligence; Expert Evidence Requirement; Statutory Immunity under Health Services Law; Defendant's application to strike-out or obtain summary judgment on plaintiff's medical negligence claim; GCR Order 14 rule 12; GCR Order 14 rule 12; Health Services Law (2010 Revision) section 12; effect of statutory immunity from suit clause; whether immunity clause inoperative for inconsistency with Bill of Rights in Cayman Islands Constitution Order; judicial precedent; effect of previous decisions of courts of coordinate jurisdiction; sufficiency of expert evidence; whether discretion to strike-out should be exercised before trial; whether further opportunity to cure evidential deficiencies should be granted
| Cause Number | G 0032/2014 |
|---|---|
| Court | CIGC (Civ) |
| Judge | Kawaley J |
| Parties | Bilika Harry Simamba v Cayman Islands Health Services Authority - Ruling on Strike-Out Application |
| Judgment Date | 2019-06-17 |
| Subject | Medical Negligence; Expert Evidence Requirement; Statutory Immunity under Health Services Law; Defendant's application to strike-out or obtain summary judgment on plaintiff's medical negligence claim; GCR Order 14 rule 12; GCR Order 14 rule 12; Health Services Law (2010 Revision) section 12; effect of statutory immunity from suit clause; whether immunity clause inoperative for inconsistency with Bill of Rights in Cayman Islands Constitution Order; judicial precedent; effect of previous decisions of courts of coordinate jurisdiction; sufficiency of expert evidence; whether discretion to strike-out should be exercised before trial; whether further opportunity to cure evidential deficiencies should be granted |
| Filename (current) | 19-06-17_bilika_harry_simamba_v_cayman_islands_health_services_authority.pdf |
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