The Supreme Court of St Helena has struck out claims brought against the Ascension Island Government arising out of AIG’s service of statutory notices on the operator of the sole fuel station on Ascension Island, Solomon & Co (St Helena) Plc. The claims alleged misfeasance in public office, malicious falsehood, breach of contract and unlawful interference with economic interests after AIG served notices requiring Solomons to address health and safety issues regarding the fuel station. AIG successfully applied for strike out on the basis that the claims disclosed no reasonable cause of action, amounted to an abuse of process in that they attempted to bypass statutory time limits for appealing the notices, and in one respect were statute-barred.
The Chief Justice Charles Ekins struck out the claim in its entirety and subsequently awarded costs to AIG on the indemnity basis. Hugh Flanagan was instructed as junior counsel for AIG, instructed by Rob Cheeseman, Crown Counsel for AIG, and led by Catherine Callaghan QC of Blackstone Chambers.
The judgment, which was handed down on 1 February 2021, can be found here.