In a decision dated 15 May 2026, Madam Justice Camille Darville Gomez followed the approach of Chief Justice Sir Ian Winder in Delone Symonette v Turnquest [2020] 1 BHS J. No. 48 by limiting the period that interest should accrue on damages in a personal injury claim due to the delay in the prosecution of the action.
Baycourt Chambers also made similar arguments in Delone Symonette v Turnquest [2020] 1 BHS J. No. 48 where the Court acceded to the request to deprive the plaintiff of the full period of interest due to delay.
Justice Darville Gomez made the following statements:
[173.] Winder J. (as he then was) in Delone Symonette v Turnquest observed that one year was more than sufficient time for settlement negotiations before filing an action and that the Claimant had not “prosecuted this matter with alacrity”. Applying that logic here, the Claimant took an additional two years beyond what could in my judgment reasonably be justified, and thereafter allowed the matter to languish for over eight years before trial.
[174.] Pursuant to section 3 of the Civil Procedure (Award of Interest) Act, 1992, the Court has discretion to award interest on damages from the date of the cause of action or such later date as the Court thinks fit, and at such rate as is just.
[175.] Further, the Defendant has properly referred me to the principle in Jefford v Gee [1970] 2 QB 130 per Lord Denning MR, that “interest should be awarded on this lump sum as from the time that the claimant can be said to have been kept out of the money.” Lord Denning further noted that “in exceptional cases, such as when one party or the other has been guilty of gross delay, the Court may depart from the guidelines by diminishing or increasing the rate of interest, or altering the periods for which it is allowed.” This case is in my judgment, such an exceptional one.
[176.] Accordingly, I exercise that discretion to award interest at 2.5% per annum from the date of the Statement of Claim to judgment, with interest thereafter accruing at the statutory rate.”
The Court’s Ruling in Kyrenia Newbold-Roberts v Shandwick Taylor & Anr – 2016/CLE/gen/01404 also reaffirms that special damages must be specifically pleaded to aid recovery. The Court limited recovery for past and future loss of income based on the evidence presented, a further affirmation that credible evidence is vital to seek recovery in personal injury litigation.
The Defendants were successful in defeating the Plaintiff’s claim for damages of close to $800,000.
The Court awarded the total sum of $179,758.34 for damages.
The Ruling along with the decision of the Chief Justice in Delone Symonette v Turnquest [2020] 1 BHS J. No. 48 are must reads for Counsels representing claimants in personal injury litigation.
The Defendants were represented by the team at Baycourt Chambers, led by Raynard Rigby KC.
