Advocate injunction lifted

The news is bitter-sweet for struggling employees of the Barbados Advocate newspaper who have not been paid for close to a year. While the injunction that froze the company’s account has been lifted, there is still uncertainty over how the company’s finances are to be spent.

Barbados TODAY understands that the injunction was lifted by the High Court, releasing the main account and potentially allowing the beleaguered newspaper to resume its financial operations.

The case involves a fractured board of directors and the surviving sons of the late owner Sir Anthony Bryan.

A well-placed legal source revealed on Thursday that the employees may still not be paid outstanding salaries because the directors continue to be split over how the finances should be allocated.

“The court discharged the injunction so they are going to have some money to run the Advocate. But the Advocate still might not have money given that the directors can’t agree on how the money should be spent,” the legal counsel who didn’t want to be identified said in an interview on Thursday.

Moreover, the legal counsel pointed out that the substantive case which could see the company placed in receivership is expected to be heard next month before Madame Justice Jacqueline Cornelius.

At the centre of the series of related cases is company director Gail Padmore.

“There are several Advocate cases, and the primary Advocate case is going to come up next month before Justice Cornelius. A preliminary point has been completed. One of the Bryan sons had an injunction against her [Padmore] and the court discharged the injunction,” the attorney said.

“This has to do with the company itself. This is a case that was brought by Gail Padmore. She and a number of other directors are urging that the company be wound up because they can’t agree on how it should run.

“There are eight directors, four vote one way and four vote another way. So whatever four say, the other four say the opposite. So there is a deadlock.

“The only thing the court could do with the deadlock is to wind up the company. The court doesn’t have the power to decide how the company should be run. What the court could do is appoint a receiver to deal with those issues,” he explained.

Should the Advocate be placed in receivership, it could mean the end of the 128-year legacy of the “Old Lady” of Fontabelle and even greater financial problems for the employees.

When contacted, attorney for the Bryans, Anderson Yearwood declined to comment.

Legal counsel for Padmore, Roger Forde, K.C. confirmed that the injunction has been lifted.

Usually, an injunction would be discharged if it has served its purpose, it becomes oppressive or there has been a delay since the injunction was granted.

Sir Anthony took over the Barbados Advocate in 2000 becoming the first black publisher to own the newspaper since it began printing in 1895.

He died in 2020.

emmanueljoseph@barbadostoday.bb