Visit UKSCJCPC/2025/0037
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COURT PROCEDURE
Bank of Nevis International Limited (Appellant) v Selecta Insurance and Reinsurance Company (Caribbean) Limited (Respondent) (St Christopher and Nevis)
Case summary
Case ID
JCPC/2025/0037
Jurisdiction
St Christopher and Nevis
Parties
Appellant(s)
Bank of Nevis International Limited
Respondent(s)
Selecta Insurance and Reinsurance Company (Caribbean) Limited
Issue
Did the Master err in fact and/or in law in dismissing BONI’s application to set aside the default judgment in favour of Selecta? Did the Eastern Caribbean Court of Appeal err in fact and/or in law in dismissing BONI’s appeal against the Master’s order?
Facts
This proposed appeal concerns an interlocutory decision. The underlying action involves a claim by Selecta Insurance and Reinsurance Company (Caribbean) Limited (“Selecta”) for damages for breach of contract arising from its banking relationship with Bank of Nevis International Limited (“BONI”). Selecta alleges that BONI refused to return the funds held on account of Selecta. Following service of the action, BONI made a report to the Financial Intelligence Unit (“FIU”) in Saint Kitts regarding Selecta’s account. However, BONI erroneously believed that the report had the effect of halting the court proceedings pending the resolution of the FIU’s investigation. BONI sought legal advice but did not file a defence. Selecta proceeded to seek default judgment and default judgment was entered (in Selecta’s favour) on 2 May 2023. On 5 May, Boni applied to set aside the default judgment. However, this application was dismissed by Master Pariagsingh. BONI then appealed to the Eastern Caribbean Court of Appeal (“CA”) against the Master Pariagsingh’s order. The CA dismissed BONI’s interlocutory appeal without issuing written reasons. By an order dated 10 March 2025, the CA also refused BONI’s application for leave to appeal to His Majesty in Council. BONI now seeks special leave to appeal to His Majesty in Council.
Date of issue
7 May 2025
Case origin
PTA
