Nancy Herrera v Polly Alford

• Jurisdiction: Belize
• Judge: Goonetilleke, J.
• Judgment Date: 27 March 2024
• Docket Number: CLAIM No. CV 410/2023
• Court: Supreme Court (Belize)

Between:

Nancy Herrera

Claimant

and

Polly Alford

Defendant

CLAIM No. CV 410/2023

IN THE HIGH COURT OF BELIZE

Appearances:

Mark E. Williams SC for Claimant

Aaron Tillette for the Defendant

ORDER

Goonetilleke, J.

1 The claimant filed this claim by way of a Claim Form dated 30 ^th November 2023. The defendant filed a defence dated 1 ^st September 2023.

2 Consequently, court scheduled a case management conference 06 ^th December 2023 and the following directions were given;

• i. Standard disclosure to be made on or before 20 ^th December 2023;

• ii. Service and exchange of witness statements on or before 15 ^th January 2024;

• iii. Objection to witness statements to be filed on or before 29 ^th January 2024;

• iv. Response to objections to witness statements to be filed on or before 09 ^th February 2024;

• v. Agreed statement of facts and issues to be filed on or before 19 ^th February 2024;

• vi. Pre-Trial memorandum to be filed on or before 19 ^th February 2024;

• vii. Trial Bundle/ Core bundle of documents to be filed on or before 29 ^th February 2024;

• viii. Pre-trial conference and hearing of objections to witness statements on 08 ^th March 2024;

• ix. Trial is scheduled for 25 ^th and 26 ^th March 2024 in person, commencing at 9 a.m.

3 On the 12 ^th of January 2024, the counsel for the claimant by letter informed the court that he had not been able to get instructions and moved for time to comply with the case management directions.

4 When this matter was taken up for pre-trial conference on 8 ^th March 2024, it was noted that none of the directions given by court at the case management conference had been complied with by the claimant. Counsel for the claimant informed that he had a difficulty reaching out to and communicating with his client and moved to have the trial dates vacated and moved for further time to obtain instructions. The court was inclined to grant this adjournment as the claim was in respect of an accidental death. The counsel for the defendant graciously agreed to waive costs for that date. The trial dates were vacated and the matter was then set for report on 27 ^th March 2024 in regard to instructions of the claimant to proceed.

5 When this matter was taken up today, counsel for the claimant informed court that he had no instructions from the claimant and was not able to communicate with her and was unable to proceed.

6 In terms of Rule 26.3(1) of the Civil Procedure Rules, the...