Last updates: 25th August 2019
It has been a long time since I last updated you with any news from us, as we wait patiently for the courts to proceed with our case. Unfortunately, nothing noteworthy has happened aside from more delays. As you know, our cases now are lodged in both the Court of Appeal and the Supreme Court of the Bahamas.
Last week in the court of Appeal
On 22nd August, when we filed the Skeleton arguments with the Court of Appeal, stating that it is wrong to hear the substantive appeal and the costs application without first considering our interlocutory applications , we discovered that the Court begins sittings on 11th September, with our case (Number 24 of 2018) somehow not listed at all on the cases’ clipboard. While on the website it is listed for 10 September 2019 http://www.courtofappeal.org.bs/events.php.
We hope to have clearness upon confused information during next week.
We are waiting for decisions regarding two of UBS’ oppressive applications, where they’re asking for “further and better particulars” of our claims 17 months later, after having filed their defence twice and also declaring to not have any witnesses ready to confirm their lies from the witness box, while we have three highly reputable international expert-witnesses, plus myself, the fourth.
But as we patiently wait for an update every day, we are met with nothing but silence, even though the Supreme Court has resumed its normal operations after the summer holiday.
On 1st August our pre-trial conference was substituted, I would say stolen, by the hearing of UBS’ application for further and better particulars filed in April 2019 (Further and Better particulars application), regarding our Statement of Claim served on 14th November 2017 (Statement of Claim), (one year and five months after, which we strongly and firmly objected to) when the time fixed by the Court for exchange of witness statements had passed.
– UBS already filed the defence in November 2017
– In 2018, November, after the discovery stage was closed, UBS received an exceptional leave from the court rules to file an amended defence. And they filed it in December 2018(Amended Defence to Statement of Claim)
And now “further and better particulars”?
Any fair and independent observer would be brought to the only logical conclusion. I would find the situation comical myself, if it did not affect so deeply the well-being of our children and our own freeze in trading performance (i.e. any income) for such a long period. Unfortunately the Court had a different vision and spent two and a half days hearing the application! And no decision still, since the 8th of August 2019. !
After the first full day of hearings, the next morning, UBS was allowed to read their questions, despite the fact that we already protested and filed an affidavit (Affidavit 19 in answer to further particulars), we worked till 5 am and produced the list where we indicated that every one of their “questions” is already answered in our Statement of Claim. We later filed this list attached to the Skeleton of arguments (Skeleton of Arguments with list answering particulars)!
All of that considering that our application for striking out certain paragraphs of UBS’ defence originally filed in June 2018, and re-filed in January 2019 (Summons to strike out defence) after the amended defence, is still pending and does not have a date. As all other applications (Opening Note for Pre-trial )
The trial is set down to begin on 23rd September 2019.
In the meantime, on 1st August 2019, UBS’ filed an application for the later date of the trial (Summons for Later Date of Trial) on the basis that UBS has neither witnesses of fact nor expert witnesses to support their case, as set out in an affidavit in support (UBS Affidavit in Support of Later Date).
2 months after the deadline to provide the said had expired.
I know, everyone will find both UBS’ applications ridiculous, scandalous and, please, feel free to use all adequate adjectives to describe this situation.
We are expressing our trust in Justice, in Judge’s expertise, only wondering why it is taking such a long time, considering that the well-being of our six children is compromised all this time.
Nothing can take back the fact that our children have had to suffer during their formative years, but the least we can hope for is that justice takes its appropriate course and allows our family to move ahead peacefully.
Please, share this post with all your friends and acquaintances and we will update you as soon as we will have more news.
Thank you again for taking the time to read this, for your support, and for being with us!
Irina and all