In HSBC v Vigilante et al [2024] SC (Bda) 74, the
Supreme Court of Bermuda struck out proceedings for delay, in what
appears to be the first reported (or otherwise electronically
available) civil case in Bermuda struck out because of the
contumelious conduct of the claiming party.
Commencement of proceedings in 2013
Following the failure of affiliated businesses in the restaurant
trade, HSBC issued a number of writ actions against various
defendants who had allegedly guaranteed or otherwise assured
HSBC's loans to the restaurant businesses.
In August 2013, one of the defendants issued a third party
notice. Just over a week later, the third party entered an
appearance in the proceedings. The Court's rules require a
defendant who issues a third party notice to apply for directions
if the third party enters an appearance, but the defendant failed
to do so until February 2023, some 9½ years later.
