BERMUDA Law and Practice Contributed by: Michael Hanson, Keith Robinson, Sam Stevens and Kyle Masters, Carey Olsen Bermuda Limited
4.2 Early Judgment Applications Parties can apply for part or all of their adver- sary’s case to be determined on an interim basis or be struck out. Such applications can be made at any point before the substantive hearing of the matter (or in some cases at the substantive hear- ing itself) although the court is likely to criticise an application for such relief in circumstances where it is made well after the facts and informa- tion founding the application were apparent (or it appears to have been made for some ulterior purpose). Summary Judgment An application for summary judgment on some or all of the issues in dispute can be made under Order 14 of the Rules. Such an application must be supported by affidavit evidence confirming that – to the best of the applicant’s knowledge, information and belief – the defence is not a viable defence to the claim or the part of it on which judgment is sought, save in relation to the amount of damages claimed. Strike Out An application to strike out an adversary’s case is made under Order 18 Rule 19 of the Rules. Such an application must satisfy the court that the claim: • discloses no reasonable cause of action; and/ or • is scandalous, frivolous or vexatious; and/or • could prejudice, embarrass or delay the fair trial of the action; and/or • is otherwise an abuse of the process of the court. 4.3 Dispositive Motions In addition to applications for strike out and summary judgment, there are also motions upon which the court may order that a claim be struck
some common question of law or fact would arise in all the actions; and • all rights to relief claimed in the action are in respect of or arise out of the same transac- tion or series of transactions. The parties to a representative action must each consent to such an action being carried on in a representative capacity. 3.8 Requirements for Cost Estimate There is no requirement to provide clients with a cost estimate at the outset of any potential litigation. However, pursuant to Rule 92 of the Barristers’ Code of Professional Conduct 1981, if a client requests one, the barrister should pro- vide a fair estimate of their fees. Parties to substantive proceedings in the Supreme Court have the ability to seek inter- locutory relief prior to the substantive hearing or trial of the action. Such applications are ordinar- ily made by summons, supported by affidavit, and are not limited to case management issues. Common interlocutory applications include, but are not limited to: • applications for additional or specific disclo- sure; • interim injunctions; • summary judgment; and • strike out of frivolous or vexatious claims (although the Bermuda court has repeatedly confirmed in recent judgments that the legal bar for a strike out application to succeed is a high one). 4. Pre-trial Proceedings 4.1 Interim Applications/Motions
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