In a judgment dated 13 December 2016, in the case of Jack et al v Minister of Public Works [2016] SC Bda 108 Com, Chief Justice Kawaley of the Supreme Court of Bermuda has criticized a Senior Crown Counsel within the Attorney-General’s Chambers for the use of “scorched earth” litigation tactics (for the second time in a month).
In this particular instance, the Crown Counsel concerned had made a completely misconceived (and extremely belated) application for an order that the Plaintiffs’ lawyers be prevented from acting for their clients against the Government.
Chief Justice Kawaley made clear that, in light of the ‘overriding objective’, disproportionate and unreasonable litigation tactics will not be tolerated by the Supreme Court of Bermuda (whether by the Government or any other litigant, but certainly not by the Government), and that any litigant engaged in such tactics can expect to be penalized with indemnity costs orders, payable immediately.
