By Shaniel Hunter,
Norman Manley Law School
Marjorie Ilma Knox v John Vere, Evelyn Dean et al [2012] CCJ 4 (AJ)
The Caribbean Court of Justice has made a strong statement that neither ‘poverty’ nor ‘foreignness’ can be used to hinder access to justice. It overturned a decision of the Barbados Court of Appeal ordering Ms. Knox to pay, before her appeal could even be heard, the sum of $175,000 as security for costs (i.e. the legal expenses that might be incurred by the respondent if Ms Knox lost her appeal.)
The Court of Appeal’s order had been made on the basis that Ms. Knox, who lived in Miami and had limited finances, would not be able to pay those expenses if her appeal was unsuccessful.
In overturning this decision, the CCJ strongly emphasised that an order for security cannot automatically be