Caribbean Court of Justice's video: BBCV2020 002 - Marjorie Ilma Knox v John Vere Evelyn Deane Eric Asby Bentham Deane and 9 Others

Eugene Estwick is the son of Majorie IIma Knox, following her death he was appointed her Personal Representative for the purpose of these proceedings. During her lifetime Majorie IIma Knox unsuccessfully carried on a claim against the Respondents and was ordered to pay costs to the Respondents. Several applications were filed in relation to the payment of costs. On the 12 August 2010, the trial judge made an order to garnish the dividends of Majorie Ilma Knox for the financial year 2009/2010 to pay costs to the Respondents. This decision was appealed and on 26 June 2020, the Court of Appeal of Barbados affirmed the High Court judge’s decision on garnishment but modified the High Court judge’s decision on interest. The Appellant now contends that the decision of the Court of Appeal was wrong and that they made several errors in law and in fact. Furthermore, the Appellant contends that the Court of Appeal’s decision is invalid and void as at the time when this decision was delivered, one member of the appellate panel (Mason, JA) had been appointed to the executive as Governor-General of Barbados while another member (Burgess JA) had been elevated to the Caribbean Court of Justice. The Appellant argues that both judges remained in their respective post on the date of the decision and were therefore unable to sit as judges to deliver the decision of the panel on June 26, 2020.