On 23 June 2026, the Hon Justice Tana’ania Small refused the Second Defendant’s application to vacate the July 2026 trial of an important shareholder dispute and gave guidance as to the use of AI in the review of disclosure in the Eastern Caribbean.
The proceedings have been ongoing since October 2023 and concern issues of oppression, unfair prejudice and unfair disregard of interests pursuant to s.241 of the Antigua and Barbuda Companies Act 1995. They relate to the management and affairs of the First Defendant, PLH (Barbuda) Limited (the “Company”), which owns and operates the real estate development project known as the Barbuda Ocean Club (the “Project”), one of the largest employers in Antigua and Barbuda.
In June 2026, the Second Defendant (one of the directors and shareholders of the Company) unsuccessfully sought to argue that the July trial date could no longer be maintained because of alleged deficiencies in the Claimants’ disclosure, which was alleged to impede electronic and AI-assisted review. He did so against the backdrop of a previous unsuccessful adjournment application in March 2026.
The Court rejected the Second Defendant’s application and placed significant weight on maintaining the July trial date. The Second Defendant had shown no material change of circumstances since his previous unsuccessful application to vacate the trial. In any event, the prejudice to the Claimants, the Company, the Project and the administration of justice from losing the July trial date outweighed any prejudice identified by the Second Defendant.
The Court did not accept that one party’s preferred technology could be a basis for vacating a long-fixed trial date where the documents had been available for human review for a substantial period and where there was no order requiring the producing party to provide all documents in the preferred native format. The fair course was to preserve the trial date and to manage any remaining disclosure issues by focused directions.
The Judge further noted that parties who wish to rely on particular technical formats should agree a disclosure protocol early and, if agreement is not possible, seek directions promptly, given the lacuna in the Eastern Caribbean CPR regarding electronic disclosure and/or inspection.
George Spalton KC and Mark Cullen appeared for the successful Claimants, with Kamilah Roberts and Safiya Roberts of Roberts & Co, Antigua. They were instructed by Egan Nelson LLP, working alongside Carey Olsen in the BVI.
