Seaga, Edward v Western Broadcasting Service Ltd, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. S 243 OF 1999

BETWEEN EDWARD SEAGA CLAIMANT

AND WESTERN BROADCASTING

SERVICE LIMITED ET AL lSDTEF ENDANT

AND THE BREAKFAST CLUB LTD 2ND DEFENDANT

AND ANTHONY ABRAHAMS

AND LAURIE GUNST

3RD DEFENDANT

41H DEFENDANT

AND JEFF STEIN 51H DEFENDANT

Mr. John Vassell QC & Mr. Kent Gammon instructed by Dunn Cox for the claimant

Mr. David Wong Ken instructed by Wong Ken & Company for defendants

Heard: October 9,2006, November 8,15,22,2006 and December 15,2006

Campbell J.

(1) This is as an application by the 2nd and 3 1d~e fendant for relief from sanctions

imposed by an Order of James J. striking out their defence for non-attendance at an

adjourned Case Management Conference. The claim is for damages for the publication of

an alleged libel contained in a radio broadcast, brought by the Rt. Honourable Edward

Seaga. P.C. a former Prime Minister of Jamaica, who at the time the alleged defamatory

remarks were published was then the Leader of the Opposition, Member of Parliament

and Leader of the Jamaica Labour Party. He presently occupies the Chair of

Distinguished Fellow at the University of the West Indies.

The libel was claimed to have been published on three separate dates in September 1999.

The defendants were the owners of the station, the programme on which it was aired, a

co-host on the programme and two guests on the show, respectively.

Courts duty to actively manage the case - Rule 25.1

(2) On the 2oth September 2004, Justice Norma McIntosh had ruled that there was a

binding Settlement Agreement between the claimant and the lSt defendant. That decision