Attorney General v Matthews (Trinidad and Tobago)

[2011] UKPC 38
Privy Council Appeal No 0068 of 2010

JUDGMENT

The Attorney General (Appellant) v Keron Matthews (Respondent)

From the Court of Appeal of the Republic of Trinidad and Tobago

before

Lord Phillips
Lord Brown
Lord Kerr
Lord Dyson
Sir Patrick Coghlin

JUDGMENT DELIVERED BY

Lord Dyson

ON

20 October 2011

Heard on 7 July 2011

Appellant
Peter Knox QC
David di Mambro
(Instructed by Charles Russell LLP)

Respondent
Aiden Casey
Aisha Serrette
(Instructed by Bankside Commercial Solicitors)

LORD DYSON:

On 28 September 2009, the claimant issued proceedings against the defendant claiming damages for assault and battery. His case is that he was assaulted and beaten in prison by a prison officer called Garcia. The claim form and statement of case were served on 29 September 2009. The period for filing a defence expired on 11 November 2009 (CPR 10.3(3)). On 15 October, the defendant filed a notice of appearance indicating an intention to defend the claim. Ms Patricia Cross was assigned as the attorney for the State. She asked for Prison Officer Garcia to attend a meeting on 9 November to give her instructions. He did not attend. The last date for filing the defence was 11 November. By that date, the defendant had neither filed a defence nor sought an extension of time for doing so.

On 7 December Ms Cross asked for Prison Officer Garcia to attend her office on 28 December. Once again he did not attend. By a letter dated 10 December to the claimant's attorney, the defendant requested the claimant's agreement to an extension of time of 48 hours from 13 November, since Ms Cross was still having difficulties in obtaining the necessary instructions for preparing the defence. On 11 December, the claimant's attorney replied refusing to agree to an extension of time, saying that the guidance of the Court of Appeal was that (since the request for an extension of time was made after the time for filing the defence had expired) the defendant had to apply to the court for relief from sanctions under CPR 26.7.

On the same day, the claimant filed an application for permission to enter judgment in default of defence. This application was served on the defendant on 29 December. On 13 January 2010, the Legal Department of The Prison Administrative Offices told Ms Cross that arrangements would be made for Prison Officer Garcia to meet her on 19 January. On 14 January, the defendant filed an application under CPR 10.3(5) and 26.1(1)(d) for an extension of time for the filing and service of the defence on the grounds that additional time was needed to obtain complete instructions. This application was served on 15 January.

On 18 January, Gobin J heard both the claimant's application for permission to enter judgment in default of defence and the defendant's application for an extension of time. She dismissed the claimant's application and granted the defendant an extension of time until 9 February to file and serve the defence (with judgment…

JUDGMENT