Meyer (Appellant) v Baynes (Respondent) (Antigua and Barbuda)
Case ID: JCPC 2016/0102
Jurisdiction: The Court of Appeal of Antigua and Barbuda
- Whether the Appellant has an appeal to Her Majesty in Council as of right under s122 of the Constitution of Antigua and Barbuda and the Court of Appeal of the Eastern Caribbean therefore erred in refusing leave.
- Whether the Court of Appeal correctly decided to overrule a decision which set aside a default judgment against the Appellant.
On 25 July 2011, the Respondent was involved in a road traffic accident. The driver of the other vehicle involved was one Luis Hernandez, who was allegedly the servant of the Appellant. The Respondent raised proceedings against the Appellant on the basis that (i) the Respondent suffered loss as a result of the negligence of Mr Hernandez and (ii) the Appellant had failed in his statutory duty to ensure that the vehicle driven by Mr Hernandez was properly insured. As the Appellant failed timeously to lodge defences to the Respondent’s claim, the Respondent obtained a default judgment against the Appellant on 4 July 2014. On 3 October 2014, the Appellant instigated proceedings to have this default judgment set aside. In the High Court, Master Glasgow held that the default judgment should be set aside because there were "exceptional circumstances" in terms of Eastern Caribbean Supreme Court, Civil Procedure Rules 2000, Rule 13.3(2). These exceptional circumstances required the Appellant to be permitted to defend the proceedings in which the judgment had been obtained. The Court of Appeal overturned the decision of Master Glasgow and reinstated the default judgment against the Appellant. The Court refused the Appellant’s application for leave to appeal to the Judicial Committee of the Privy Council.
Lord Reed, Lord Carnwath, Lady Black, Lady Arden, Lord Kitchin
Hearing start date
20 Nov 2018
Hearing finish date
20 Nov 2018
|20 Nov 2018||Afternoon session|