Senior Partner at Baycourt Chambers, Raynard Rigby KC, was successful in his arguments before the Court of Appeal in defending the Trial Judge’s decision to dismiss a case after a no case to answer submission. The Firm represented FCIB in a defamation suit commenced by Sidney Duran Cunningham.
The case centered on whether the Bank defamed Mr. Cunningham in publishing a letter that he owed the Bank on a judgment debt.
The matter was heard by Madam Justice Camille Darville Gomez in the Supreme Court.
The Court of Appeal dismissed Mr. Cunningham’s appeal and condemned him in costs. The Court held:
The Court found that, after hearing and observing the Appellant give evidence, the trial judge was entitled to conclude that his “evidence is discredited on cross-examination,” that the Appellant is a judgment debtor of FCIB, and that the imputation conveyed by the words complained of is substantially true. These findings demonstrate that the contents of the email were true in fact and substance, and accordingly the Appellant’s claim for defamation fails. Alternatively, as the trial judge found, these admissions establish the defence of justification.
The Court also found that the trial judge was entitled to dismiss the Appellant’s case upon a submission of no case to answer and correctly found that the Appellant admitted owing money to BarFincor, now FCIB, which supports the defence of justification. The Court is satisfied that the email is true in substance and in fact and is not defamatory, rendering the defence of qualified privilege irrelevant.
The Court of Appeal’s decision is below for a full read.
SCCivApp. No. 132 of 2024 – Sidney Duran Cunningham v. First Caribbean International Bank
