Lawyer says Sandals off the mark in trying to strike out lawsuit

Sandals Barbados Resort and Spa has filed an application asking the court to throw out a lawsuit in which it is accused of blocking public access to the beach.

However, attorney-at-law Lalu Hanuman who brought the action is claiming that the time period for Sandals to do so has long passed and the matter should therefore be heard.

Hanuman has alleged that Sandals’ property in Maxwell, Christ Church is preventing people from accessing some sections of Maxwell Beach. He said the hotel has put up signs stating: ‘Only Sandals registered guests permitted beyond this point’.

The attorney is asking for a declaratory judgment that despite part of Maxwell Beach up to the high-water mark being under the legal control of Sandals,  the general public has a right of way over that said part.

However, in an application made by Sandals’ legal representative Lex Caribbean on October 29, 2021, the law firm is asking Justice Cecil McCarthy to dismiss the charges on the ground that the court has no jurisdiction.

The matter is set to be heard on April 26.

According to Hanuman, the timeline for Sandals to take such action has long passed.

He noted that under the Supreme Court (Civil Procedure) Rules, “a party wishing to strike out a claim must make the application to strike out within the period for filing a defence”.

“If the defendant does not make an application within the period for filing the defence, he is treated as having accepted that the court has jurisdiction to try the claim.

“The claim form and statement of claim were both served on the defendant on the 5th day of July, 2021. The time period for the filing of a defence is 28 days after the service of the claim form and the statement of claim. Twenty-eight days from the date of service of the claim form and statement of claim, is the 2nd day of August, 2021. However, the ‘strike out’ application was not made until the 29th day of October 2021, namely 88 days out of time. There has been no application for relief from sanctions, by the defendant. Thus, it is submitted that the court has no jurisdiction to entertain the ‘strike out’ application by the defendant,” Hanuman said in his submission.

The attorney has maintained that the matter is one of “national interest” and should be heard before the court.

“This case is to do with public beach access. It’s a test case to oppose the privatisation of our beaches. Unless we are vigilant, we will end up in an apartheid reality with only certain people having access to the best beaches, while others are left only with what are deemed to be marginal beaches,” he insisted.
randybennett@barbadostoday.bb