Episode Description
In a recent decision of Wycliffe Baird v David Goldgar and
another, the Court of Appeal of Saint Christopher and Nevis has
confirmed the position that an appeal can be struck out or
dismissed for want of prosecution or as an abuse of process
notwithstanding the Courtâs finding that the appellant had an
arguable case.
Baird v Goldar concerned a dispute arising out of an agreement
in 1991 which, for reasons not explained, only proceeded to trial
in 2016 with judgment being given in July 2019. The appellant
appealed against the judgment in September 2019, but after various
missed deadlines by the appellant to file the record of appeal the
respondents filed an application seeking an order that the appeal
be struck out or dismissed for want of prosecution due to the
protracted delay by the appellant in filing the record of
appeal.
