Bermuda Court strikes out time-barred professional negligence claim against Bermuda accountancy firm

By an ex tempore judgment in the case of Swan v Craig Christensen (trading as Arthur Morris, Christensen & Company) [2016] SC Bda 87 Civ, dated 24 October 2016, Chief Justice Kawaley of the Supreme Court of Bermuda has struck out a professional negligence claim against a Bermuda accountancy firm, on the grounds that (a) it was time-barred under the Limitation Act 1984 and (b) the claim was an abuse of the Court’s process (being an attempt to re-litigate issues raised in previous Court proceedings).

There also appear to have been a number of other difficulties associated with the Plaintiff’s pleaded claim, over and above the grounds relied upon by the Court for dismissing the claim. The issue of expert witness immunity springs to mind, for example, as does the abuse of process that arises from a collateral attack on a final decision of a court of competent jurisdiction.

It is notable that the claim appears to have been asserted by the Plaintiff acting as a litigant in person, without the benefit of objective legal advice as to its merits.

It is also notable that the Court summarily assessed the Defendant’s costs in the sum of $8,000, with a view to avoiding the time and additional costs associated with a detailed taxation.




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