Quin J
Judgment. Cause No. 0154/2001. Daric Ebanks (Suing by his Guardian ad litem Jenny Manderson) v. Cayman Cultural Foundation; Ministry of Community Affairs, Sport, Women, Youth & Culture; The Attorney General of the Cayman Islands. Coram Quin J. Date: 20.5.2011 Page 1 of 3 IN THE GRAND COURT OF THE CAYMAN ISLANDS 1 HOLDEN AT GEORGE TOWN 2 Cause No: 0154/2001 3 4 BETWEEN: 5 DARIC EBANKS 6 (Suing by his Guardian ad litem Jenny 7 Manderson) 8 9 PLAINTIFF 10 11 AND: 12
CAYMAN CULTURAL 13 FOUNDATION 14
MINISTRY OF COMMUNITY 15 AFFAIRS, SPORT, WOMEN, YOUTH 16 & CULTURE 17
THE ATTORNEY GENERAL OF THE 18 CAYMAN ISLANDS 19 20 DEFENDANTS 21 22 23 Appearances: Mr. Lee Freeman of Priestleys for the 24 Plaintiff 25 26 Mr. Nicholas Dixey of Mourant Ozannes for 27 the Defendants 28 29 Mrs. Stacy Thompson attorney at law and 30 Permanent Receiver for the Plaintiff 31 32 Before: The Hon. Mr. Justice Charles Quin 33 Heard: 18th May 2011 34 35 JUDGMENT 36 37 38
The Guardians ad litem for the Plaintiff issued a Summons on the 14th April 2011 39 for an interim payment in the sum of CI$302,362.00 to be paid to the Plaintiff’s 40 Permanent Receiver pursuant to GCR O.29 r.10. 41 Judgment. Cause No. 0154/2001. Daric Ebanks (Suing by his Guardian ad litem Jenny Manderson) v. Cayman Cultural Foundation; Ministry of Community Affairs, Sport, Women, Youth & Culture; The Attorney General of the Cayman Islands. Coram Quin J. Date: 20.5.2011 Page 2 of 3
Before the Court is the affidavit of Mr. Donovan Ebanks (“Mr. Ebanks”), dated the 1 21st April 2010 on behalf of the Plaintiff in which he sets out the funds that are 2 required for attorneys and the expert witnesses to prepare the Plaintiff’s case for the 3 final assessment of damages and for additional outstanding payments for the 4 Plaintiff’s medical care and attention. 5
In addition, Mr. Ebanks has identified a piece of land which he feels can meet the 6 Plaintiff’s future needs and also discloses the arrears of maintenance payments 7 payable to him. 8
GCR O.29 r.11(1) reads: 9 “The Court may, if it thinks fit…order the Respondent to make an interim 10 payment of such amount as it thinks just, not exceeding a reasonable 11 proportion of the damages which in the opinion of the Court are likely to be 12 recovered by the Plaintiff.” 13 14
The Judge at the final assessment of damages would obviously hear evidence and 15 submissions on both general and special damages and also the appropriate 16 multiplicand and multiplier of the likely award for the various heads of damages. 17
On exercising a cautious approach there is every likelihood of there being a dispute 18 between the parties as to the final assessment of damages, and accordingly, the 19 Court must approach this application for a further interim award with a high degree 20 of caution. 21
Having read the pleadings and the affidavit evidence so far, and having heard the 22 submissions of the Plaintiff’s counsel, Mr. Freeman, I am satisfied that this further 23 interim award will not exceed a reasonable portion of the total claim. 24 Judgment. Cause No. 0154/2001. Daric Ebanks (Suing by his Guardian ad litem Jenny Manderson) v. Cayman Cultural Foundation; Ministry of Community Affairs, Sport, Women, Youth & Culture; The Attorney General of the Cayman Islands. Coram Quin J. Date: 20.5.2011 Page 3 of 3
Notwithstanding the foregoing, I am anxious that the Plaintiff proceed to prosecute 1 his claim with expedition. In this respect the Court welcomes the undertaking from 2 counsel for the Plaintiff that the Plaintiff’s claim will now be prosecuted with due 3 diligence. 4
I also welcome comments from counsel for the Plaintiff and from counsel for the 5 Defendants that they will agree, or attempt to agree, an Order for Directions for the 6 future conduct of these proceedings. 7
I note that now that this interim payment has been ordered, there should be no 8 reason why the Plaintiff, the Plaintiff’s counsel and their experts would not be able 9 to prepare the case for hearing within the next twelve (12) months. 10
Accordingly, I accede to the Plaintiff’s Summons and make an Order for a further 11 interim payment in the sum of CI$302,362.00 to the Plaintiff pursuant to GCR O.29 12 r.10(1). I also order that the Plaintiff’s costs are costs in the cause. 13 14 15 16 Dated this the 20th day of May 2011 17 18 19 20 Honourable Mr. Justice Charles Quin 21 Judge of the Grand Court 22