10/7/2018
START DATE
END DATE
3/19/2021
Wanda Ann Pedro v The Attorney-General & Minister for Legal Affairs
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM Supreme Court of Bermuda
Misfeasance in Public Office child care and supervision proceedings
THE PRESIDENT SIR CHRISTOPHER CLARKE JUSTICE OF APPEAL ANTHONY SMELLIE JUSTICE OF APPEAL DAME ELIZABETH GLOSTER
Cameron Hill Simone Smith-Bean
Mr Brian Moodie
FACTS OF THE CASE:
Claims against Department of Child and Family Services and officers for misfeasance relating to child care proceedings initially including more defendants but later focused on DCFS via Attorney General based on allegations later particularized as misfeasance in public office
SUMMARY:
Validity of Acting Judge's decision without taking prescribed oath application to strike out claim as frivolous vexatious and time-barred
OUTCOMES:
Appeal allowed application of the doctrine of de facto authority validated the Ruling despite procedural missteps
RULED IN FAVOUR OF:
Defendant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Wanda Ann Pedro v The Attorney-General & Minister for Legal Affairs
Claims against Department of Child and Family Services and officers for misfeasance relating to child care proceedings initially including more defendants but later focused on DCFS via Attorney General based on allegations later particularized as misfeasance in public office