Ultramarine (Antigua) Limited (Appellant) v Peter Cochran (Respondent) (Antigua and Barbuda)

Case summary

Case ID

JCPC/2026/0079

Jurisdiction

Antigua and Barbuda

Parties

Appellant(s)

Ultramarine (Antigua) Limited

Respondent(s)

Peter Cochran

Issue

Did the Court of Appeal err in affirming the High Court’s decision to dismiss the Appellant’s application to commit the Respondent for contempt, for “want of prosecution”?

Facts

The Appellant, Ultramarine (Antigua) Limited, is a party to long-running civil proceedings (the “Main Proceedings”) before the courts of Antigua and Barbuda against a company called Sunsail (Antigua) Limited. In October 2012, the Appellant raised contempt proceedings (the “Contempt Proceedings”) against the Respondent seeking declarations that he was in breach of injunctive orders that the Appellant had obtained in the course of the Main Proceedings. In that connection, a committal hearing was ultimately fixed for 22-23 January 2025. The Appellant’s retained counsel, Dr Dorsett, was unable to attend that hearing due to sudden illness and counsel who was present, Mr Simon KC, could not conduct the hearing. The Appellant’s director sought a short adjournment. The Trial Judge refused the application for an adjournment (and in doing so reserved, but did not grant, the Appellant’s application that its director be allowed to represent the company) and then dismissed the Contempt Proceedings “for want of prosecution”. The Court of Appeal affirmed the Trial Judge’s orders and refused the Appellant’s application for conditional leave to appeal to the Judicial Committee of the Privy Council. The Appellant now applies to the Judicial Committee directly for special leave to appeal.

Date of issue

1 September 2026

Case origin

PTA

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