Earthquake delays filing of court papers in Marl Rudd defamation case

Sandra Hill

The January 2020 earthquake delayed the filing of a statement of claim relating to a defamation suit against Sandra Hill in Cayman Marl Road, eventually causing the court to overturn an order that Hill pay businessman John Felder $105,000 in damages.

The hearing to overturn the previous ruling was held on November 22 this year, and the reasons behind the decision were made public by Judge Robin Macmillan earlier this month.

The judge reversed his earlier default ruling, issued on January 15, because Felder failed to file a statement of claim before 14 days had elapsed after Hill gave notice of her intent to defend the case, and his attorneys failed to do so. Disclose this to the court.

The default ruling’s overturn also means that the September ruling by Judge Marilyn Carter about how much Hill must pay in damages has also been waived. The default judgment was based on Hill’s failure to provide a defense.

The court heard that the 14-day deadline was to expire on January 28, 2020 but the statement of claim was not delivered to Hill until the following day. To legally file a statement of claim outside the time limit, the plaintiff would need permission from the court to file the document “out of time,” but no such permission was sought or granted.

Macmillan wrote in his judgment: “There is no doubt that in support of an application for a default judgment, it was brought to court on behalf of the plaintiff that the statement of claim was filed on January 28.”

He noted that affidavits by a senior legal secretary and corporate administrative assistant from Priestleys – the law firm representing Felder – both stated that the statement of claim was filed on January 28. This date was also included in the chronology specified in the plaintiff’s skeleton and the judge indicated it was the date the documents were submitted, and Felder’s legal counsel, James Dixon, stated in court orals on July 29, that the document was delivered on that date.

“In other words, there is absolutely no doubt as to the position the plaintiff presented to the court which ultimately proved to be inaccurate,” the judge wrote.

Hill represented herself at the original hearing, and in a later failed request to overturn the default ruling, but appointed the law firm Broadhurst as legal counsel to represent her on September 16 of this year.

“Later, more light of evidence emerged after various inquiries by the defendant’s attorneys who received new instructions which were given to the plaintiff’s attorneys, who acted themselves throughout the matter,” Macmillan said.

A second affidavit from Priestley’s administrative assistant, dated November 19, described how she had been instructed on January 28, 2020 to serve a statement of claim on Hill, and had gone to court to file the document. However, a 7.7-magnitude earthquake struck Cayman that day, causing widespread disturbance, as well as heavy traffic, which the aid encountered on its way to the courthouse in Georgetown.

When I finally got there [the] At the entrance to the court, a court employee informed me that court personnel had left the building due to the earthquake. Under these circumstances, I was unable to file [statement of claim] The company’s administrative assistant said in her affidavit.

Macmillan said in his judgment: “In light of these facts and the disappointing manner in which they ultimately appeared, it is clear that there was a material breach on the part of the plaintiff… a material breach arose and no effort was made to rectify it before the default judgment was sought and obtained. “.

He added, “While a major earthquake may warrant a request for an extension of time during which a statement of claim is made, it cannot justify taking no action whatsoever and, even if unintentionally, leaving a material breach uncorrected and unknown alike to the court.” “.

The judge noted that at the time of the default judgment, Hill was not legally represented, and that the court was notified of the violation until after she had appointed legal counsel. Macmillan said that if the court had known earlier, it would have informed Hill of the importance of the delay in filing the statement of claim.

“Finally, in this respect, the Court notes that if the newly appointed Defendant’s attorneys had not investigated the Plaintiff’s counsel, a full account of these events may not have been identified,” the judge wrote.

Macmillan stated that Priestley’s attorney, in an email response to the judge’s draft ruling, said that the assertions regarding the date of filing the statement of allegations “were made in full good faith, and in the sincere, if false, belief that these assertions were true.”

Editor’s Note: The last paragraph of an earlier version of this story erroneously stated that Broadhurst, rather than the Priestleys, had emailed in response to the judge’s ruling. This has now been corrected.

How do you feel after reading this?

– ads –

Related videos

Support the local press. Subscribe to the Cayman Compass Comprehensive Pass.

subscribe now

What Are The Main Benefits Of Comparing Car Insurance Quotes Online

LOS ANGELES, CA / ACCESSWIRE / June 24, 2020, / Compare-autoinsurance.Org has launched a new blog post that presents the main benefits of comparing multiple car insurance quotes. For more info and free online quotes, please visit https://compare-autoinsurance.Org/the-advantages-of-comparing-prices-with-car-insurance-quotes-online/ The modern society has numerous technological advantages. One important advantage is the speed at which information is sent and received. With the help of the internet, the shopping habits of many persons have drastically changed. The car insurance industry hasn't remained untouched by these changes. On the internet, drivers can compare insurance prices and find out which sellers have the best offers. View photos The advantages of comparing online car insurance quotes are the following: Online quotes can be obtained from anywhere and at any time. Unlike physical insurance agencies, websites don't have a specific schedule and they are available at any time. Drivers that have busy working schedules, can compare quotes from anywhere and at any time, even at midnight. Multiple choices. Almost all insurance providers, no matter if they are well-known brands or just local insurers, have an online presence. Online quotes will allow policyholders the chance to discover multiple insurance companies and check their prices. Drivers are no longer required to get quotes from just a few known insurance companies. Also, local and regional insurers can provide lower insurance rates for the same services. Accurate insurance estimates. Online quotes can only be accurate if the customers provide accurate and real info about their car models and driving history. Lying about past driving incidents can make the price estimates to be lower, but when dealing with an insurance company lying to them is useless. Usually, insurance companies will do research about a potential customer before granting him coverage. Online quotes can be sorted easily. Although drivers are recommended to not choose a policy just based on its price, drivers can easily sort quotes by insurance price. Using brokerage websites will allow drivers to get quotes from multiple insurers, thus making the comparison faster and easier. For additional info, money-saving tips, and free car insurance quotes, visit https://compare-autoinsurance.Org/ Compare-autoinsurance.Org is an online provider of life, home, health, and auto insurance quotes. This website is unique because it does not simply stick to one kind of insurance provider, but brings the clients the best deals from many different online insurance carriers. In this way, clients have access to offers from multiple carriers all in one place: this website. On this site, customers have access to quotes for insurance plans from various agencies, such as local or nationwide agencies, brand names insurance companies, etc. "Online quotes can easily help drivers obtain better car insurance deals. All they have to do is to complete an online form with accurate and real info, then compare prices", said Russell Rabichev, Marketing Director of Internet Marketing Company. CONTACT: Company Name: Internet Marketing CompanyPerson for contact Name: Gurgu CPhone Number: (818) 359-3898Email: [email protected]: https://compare-autoinsurance.Org/ SOURCE: Compare-autoinsurance.Org View source version on accesswire.Com:https://www.Accesswire.Com/595055/What-Are-The-Main-Benefits-Of-Comparing-Car-Insurance-Quotes-Online View photos