UKPC 38
Privy Council Appeal No 0068 of 2010
The Attorney General (Appellant) v Keron Matthews (Respondent)
From the Court of Appeal of the Republic of Trinidad and Tobago
Sir Patrick Coghlin
JUDGMENT DELIVERED BY
20 October 2011
Heard on 7 July 2011
Peter Knox QC
David di Mambro
(Instructed by Charles Russell LLP)
(Instructed by Bankside Commercial Solicitors)
Relevant provisions of the CPR
"The court may set aside a judgment entered under Part 12 if—
(a) the defendant has a realistic prospect of success in the claim; and
(b) the defendant acted as soon as reasonably practicable when he found out that judgment had been entered against him."
"(1) Where the court makes an order or gives directions the court must whenever practicable also specify the consequences of failure to comply.
(2) Where a party has failed to comply with any of these Rules, a direction or any court order, any sanction for non-compliance imposed by the rule or the court order has effect unless the party in default applies for and obtains relief from the sanction, and rule 26.8 shall not apply."
"(1) An application for relief from any sanction imposed for a failure to comply with any rule, court order or direction must be made promptly.
(3) The court may grant relief only if it is satisfied that –
(a) the failure to comply was not intentional;
(b) there is a good explanation for the breach; and
(c) the party in default has generally complied with all other relevant rules, practice directions, orders and directions.
(4) In considering whether to grant relief, the court must have regard to—
(a) the interests of the administration of justice;
(b) whether the failure to comply was due to the party or his attorney;
(c) whether the failure to comply has been or can be remedied within a reasonable time; and
(d) whether the trial date or any likely trial date can still be met if relief is granted."
Gobin J's reasons
The decision of the Court of Appeal
"The aforesaid decisions of the Court of Appeal on Part 26.7 reflect the exercise of the indigenous court's interpretative function as it develops a local jurisprudence relevant to existing needs and circumstances. While it is acknowledged that other jurisdictions and other cultures may adopt different approaches to similar problems, it is hoped that regard will be paid to the experiences and insights of local judges to know what best suits the needs of local society as they seek, in the exercise of their independent sovereignty and constitutional mandate, to interpret and apply the laws of Trinidad and Tobago in ways that are purposeful for their people."