Dear Ms Prapassorn, (courtesy reminder of January 12th 2015)
Having perused same (i.e. the copies of the witness statements), the Attorney formed the view that both the Claimant’s and the Defendant’s respective cases were deeply flawed. As per the legal system in Trinidad, it is for the Claimant to establish his case and prove same. The Attorney formed the view that the Claimant’s evidence did not even provide proof that the relevant container had reached Trinidad and been off-loaded at the Defendant Company’s port.
In this context, the Attorney spoke at length on Tuesday night to the Claimant Company’s Counsel and advised him of his position. He agreed with his position and the legal grounds therefor. The Attorney again spoke at length with the Claimant’s Counsel on the morning of the trial and also with the Defendant Company’s Counsel.
After lengthy discussions and submissions before the Court both Counsel agreed that the trial would proceed on written submissions on issues which turn exclusively on the Bill of Lading.
The Attorney is now seeking insurers’ approval, to assist the Claimant Company’s Counsel in preparing his written submissions as this area of law is not well known to them.
The Attorney is of the view that such submissions have a reasonable prospect of success and Insurer will be standing to benefit if the Claimant Company is successful against the Defendant port.
Please let me know your approval on the written submssions.
The next confirmed date of hearing, on which the judge is scheduled to deliver his decision, is on 27th February, 2015.
Please find attached hereto a copy of the Court Note recorded by Attorney on Wednesday 7th instant.
We await your further instructions in this matter.