Bermuda Court orders a stay of second Court proceedings until the Plaintiff pays the costs of earlier proceedings …

In his judgment dated 13 March 2017 in the case of Peniston v Ferigo [2017] SC Bda 21 Civ, Chief Justice Kawaley granted the Defendant’s application for an order staying a second set of Court proceedings by the Plaintiff, until the Plaintiff had satisfied an adverse costs order arising out of a first set of Court proceedings.

Although the Judge was obliged to review and consider certain English authorities and Bermuda’s constitutional provisions regarding access to justice, the legal principles applied in the case appear relatively unremarkable.

What is more remarkable is the fact that the Plaintiff, Mr. Peniston, had the audacity to commence the proceedings at all, given the procedural history of the dispute, against the background of Mr. Peniston’s involvement in unrelated legal proceedings of one sort or another.


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