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FM
Former Member

Judge throws out Nandlall lawsuit against AG

Nov 07, 2017 News, https://www.kaieteurnewsonline...-lawsuit-against-ag/

Justice Priya Sewnarine Beharry has dismissed a $125M lawsuit filed by former Attorney General Anil Nandlall against his successor Basil Williams in relation to libelous utterances he made about him in relation to Law Reports of the Commonwealth. In grounds for dismissing the matter, the Judge cited non-compliance with the new Civil Procedure Rules (CPRs).

In the court action, Nandlall sought compensation to the tune of $125M.
Nandlall sued for $25M for slander at a press conference, hosted at the National Communications Network Inc. on March 24, last, and a further

$25M for utterances at the very press conference.
Another $25M was called for because of libel published in the Guyana Times.

There was a demand for a further $25M for slander published during an outreach programme in Berbice, and $25M for libel published by Demerara Waves.

Nandlall also sought to have an injunction granted stopping Williams from repeating the β€œharmful” statements.

In the writ, Nandlall had noted that he is an Attorney-at-Law of good standing and that Williams has caused damage to his character.

Attorney-at-Law Patrice Henry represented the Attorney General; while Manoj Narayan represented Nandlall.

Nandlall is on trial before Senior Magistrate Fabayo Azore for allegedly stealing some $2M in LexisNexis Law Reports of the Commonwealth from the state.

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Judge throws out Nandlall lawsuit against AG

Nov 07, 2017 News, https://www.kaieteurnewsonline...-lawsuit-against-ag/

Justice Priya Sewnarine Beharry has dismissed a $125M lawsuit filed by former Attorney General Anil Nandlall against his successor Basil Williams in relation to libelous utterances he made about him in relation to Law Reports of the Commonwealth. In grounds for dismissing the matter, the Judge cited non-compliance with the new Civil Procedure Rules (CPRs).

The Judge should provide the specific part(s) of the legislation for making the decision.

There are some questions on her decision ... one of the many parts of the legislation; Civil Procedure Rules 2016; states ...

[[Quote]]

Extract from ---
Guyana - Civil Procedure Rules (CPS) 2016
 
PART 73: TRANSITIONAL PROVISIONS
73.01
Application of these Rules
(1)
These Rules apply to all proceedings commenced on or after the date on which these Rules come into force.
(2)
In all proceedings commenced before the date on which these Rules come into force,
(a) where a trial date in the proceeding has been fixed, these Rules do not apply, unless the trial date is adjourned; and
(b) where a trial date is adjourned or has not yet been fixed, the Registry must serve the parties to the proceeding with a Notice of Case Management Conference
in accordance with Part 25 and, at the Case Management Conference, the Court must,
 (i) determine whether these Rules should apply to the proceeding or whether the proceeding ought to continue under the old rules; or
(ii) if the Claimant fails to attend the Case Management Conference, deliver a Notice of Pending Dismissal (Form 8C)in accordance with Part13.
(3)
The Court may exercise its discretion and make such orders or give such directions as necessary to address any issues that arise in a proceeding as a result of the proceeding transitioning under these Rules,taking into account the overriding objective

[[Unquote]]

FM
Last edited by Former Member

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