Swan v Phoenix Law Chambers

• Jurisdiction: Bermuda
• Judgment Date: 16 January 2015
• Date: 16 January 2015
• Docket Number: Civil Jurisdiction 2012 No 391
• Court: Court of Appeal (Bermuda)

[2015] Bda LR 10

In The Supreme Court of Bermuda

Civil Jurisdiction 2012 No 391

Between:

Linda Sharon Swan

Plaintiff

and

Phoenix Law Chambers

Defendant

Ms S Hanson for the Plaintiff

Mr G Woolridge in person1

Application to set aside judgment — Perjury — No Statement of Claim — Interest rate of fees for legal services

EX TEMPORE RULING of Kawaley CJ

Introductory

1. By Summons dated November 24, 2014, the Defendant issued a Summons seeking a declaration that the Plaintiff had committed perjury and setting aside the Judgment dated February 14, 2014.2 The applicant, Mr Woolridge, filed his own Affidavit in support of that application dated November 17, 2014. The pivotal paragraph is paragraph 2 where the particulars of perjury are set out in the following terms:

‘2. I make this Affidavit in support of the Plaintiff's Application to set aside the Judgment of September 2013 given against the Defendant on the basis that the Plaintiff committed perjury in her evidence to this Honourable Court when she testified inter alia that:

a. She was not aware of the rate of interest that she had been charged,

b. That she made no agreement with respect to the 5% per calendar month interest charged,

c. That she had never engaged in discussions with me and my then office manager re: the interest rate and the mounting fees owed,

d. That she had not promised to deliver to the bank our fee note for her final bill.’

2. The Affidavit seeks to support those very serious allegations by exhibiting certain invoices which were said to have been found by employees or agents of the Defendant since the trial. The Court gave directions on the first return date of the Summons and made the following Order:

‘(1) The Defendant shall serve his Statement of Claim on or before 3 January 2014;

(2) The matter shall be listed for a two hour hearing before a Judge of the Supreme Court on 16 January 2014 at 10:00 AM to determine whether the Defendant has a reasonable cause of action against the Plaintiff…’

Findings: should Defendant's application to set aside the judgment on the grounds of perjury be summarily dismissed?

3. The Defendant did not avail himself of the opportunity to file a Statement of Claim and has therefore not amplified the allegations save to the extent that he filed an Affidavit

dated January 5, 2015 which sets out various general matters which relate to the background facts which were addressed at trial. I found nothing in this Affidavit...