Law report - setting aside default judgments

Blakeney v Lister [2014] SC (Bda) 7 Civ

The Plaintiff had obtained default judgment against the Defendant nine years previously, due to failure to file and serve a document in breach of a court order that the Plaintiff could enter judgment if the Defendant failed to do so.

As it turned out, the Defendant had filed the document but had neglected to serve it on the Plaintiff. Nothing then was done for many years. In 2013, the Defendant applied to set the judgment aside.

Kawaley CJ found that the judgment was irregular, as the Registrar should have been requested to check the file (or should have checked the file in any event) before issuing judgment. He set the judgment aside. Due to the passage of time, he held that it would now be unjust for the parties to continue with the action, resulting in the case being aborted.

Law report - security for costs

Galloway v Roth [2013] SC (Bda) 81 Civ

The overseas Petitioner was of very limited means and the Respondent sought security of at least $7,000.

It was held by Hellman J that, having regard to the Consitutional right to a fair hearing, the court must have regard to the amount of security a party might be able to raise.

In the event, $1,000 security was ordered.

Law report - security for costs

Galloway v Roth [2013] SC (Bda) 81

The plaintiff lived outside of Bermuda and so the defendant was seeking security for costs in the event that the plaintiff lost the case. The plaintiff was of very limited means such that it would be very difficult for her to pay security for costs of any substantial amount.

Considering the right of both parties to be given a fair hearing, Justice Hellman awarded security of just $1,000

Law report - serving parties outside of Bermuda in trust proceedings

In the matter of the Hanover Trust [2013] SC (Bda) 38 Civ

The Chief Justice clarified an issue regarding service of court proceedings on overseas parties to a trust action. He held that in trust proceedings concerning a Bermuda trust or where the trust property was in Bermuda, it was not necessary to obtain the leave of the court to do this, as the court had clear jurisdiction to hear such applications [143]-[15]. Leave would only be required if the overseas party might potentially challenge jurisdiction to hear the dispute or whether Bermuda is the most convenient forum to hear it [13].