• About Us
  • Contact
  • Advertise
  • Privacy Policy
  • Terms and Conditions
Sunday, February 5, 2023
No Result
View All Result
NEWSLETTER
Cayman Marl Road
  • Home
  • CMR Daily Buzz
  • Cayman’s Youth
  • Parliament
  • Live Show
  • COVID-19
  • Election 2021
  • Legal Notices
  • Entertainment
    • All
    • Events
    • Music
    World-class Ironshore Studios opens in Cayman

    World-class Ironshore Studios opens in Cayman

    Dancehall artist Spice suffered complications during surgery?

    Spice to perform in Cayman after postponing show last year

    Julie Mango named Best Jamaican Social Media Personality

    Julie Mango named Best Jamaican Social Media Personality

    Chloe Powery-Doxey off to Miss Universe pageant

    Chloe Powery-Doxey off to Miss Universe pageant

    Miss Universe to be aired by streaming service Roku

    Miss Universe to be aired by streaming service Roku

    Bob Marley’s grandson dies

    Bob Marley’s grandson dies

    ‘Ellen DeGeneres Show’ DJ Stephen ‘tWitch’ Boss dead by suicide

    ‘Ellen DeGeneres Show’ DJ Stephen ‘tWitch’ Boss dead by suicide

    Celine Dion diagnosed with incurable disease

    Celine Dion diagnosed with incurable disease

    Bob Marley immersive experience in the US next year

    Bob Marley immersive experience in the US next year

  • Lifestyle
    • All
    • Food
    • Health
    • Medical Experts
    HSA opens adolescent behavioral health center

    HSA opens adolescent behavioral health center

    Health Insurance Commission monitoring Cayman First

    Health Insurance Commission monitoring Cayman First

    False: No flight restrictions to Cayman due to COVID

    False: No flight restrictions to Cayman due to COVID

    Long Term Residential Mental Health project not completed

    Long Term Residential Mental Health project not completed

    Dr. Marc Lockhart leaves Mental Health Commission

    Dr. Marc Lockhart leaves Mental Health Commission

    Heart Fund encourages everyone to get CPR training

    Heart Fund encourages everyone to get CPR training

    Health Ministry names incoming Chief Medical Officer

    COVID-19 “XBB Variant” info not issued by Ministry of Health

    Clear masks available for HSA hearing impaired patients

    Clear masks available for HSA hearing impaired patients

    New treatment for acid reflux in the Caribbean

    New treatment for acid reflux in the Caribbean

    Health Ministry names incoming Chief Medical Officer

    One COVID-19 related death reported

    Trending Tags

  • Home
  • CMR Daily Buzz
  • Cayman’s Youth
  • Parliament
  • Live Show
  • COVID-19
  • Election 2021
  • Legal Notices
  • Entertainment
    • All
    • Events
    • Music
    World-class Ironshore Studios opens in Cayman

    World-class Ironshore Studios opens in Cayman

    Dancehall artist Spice suffered complications during surgery?

    Spice to perform in Cayman after postponing show last year

    Julie Mango named Best Jamaican Social Media Personality

    Julie Mango named Best Jamaican Social Media Personality

    Chloe Powery-Doxey off to Miss Universe pageant

    Chloe Powery-Doxey off to Miss Universe pageant

    Miss Universe to be aired by streaming service Roku

    Miss Universe to be aired by streaming service Roku

    Bob Marley’s grandson dies

    Bob Marley’s grandson dies

    ‘Ellen DeGeneres Show’ DJ Stephen ‘tWitch’ Boss dead by suicide

    ‘Ellen DeGeneres Show’ DJ Stephen ‘tWitch’ Boss dead by suicide

    Celine Dion diagnosed with incurable disease

    Celine Dion diagnosed with incurable disease

    Bob Marley immersive experience in the US next year

    Bob Marley immersive experience in the US next year

  • Lifestyle
    • All
    • Food
    • Health
    • Medical Experts
    HSA opens adolescent behavioral health center

    HSA opens adolescent behavioral health center

    Health Insurance Commission monitoring Cayman First

    Health Insurance Commission monitoring Cayman First

    False: No flight restrictions to Cayman due to COVID

    False: No flight restrictions to Cayman due to COVID

    Long Term Residential Mental Health project not completed

    Long Term Residential Mental Health project not completed

    Dr. Marc Lockhart leaves Mental Health Commission

    Dr. Marc Lockhart leaves Mental Health Commission

    Heart Fund encourages everyone to get CPR training

    Heart Fund encourages everyone to get CPR training

    Health Ministry names incoming Chief Medical Officer

    COVID-19 “XBB Variant” info not issued by Ministry of Health

    Clear masks available for HSA hearing impaired patients

    Clear masks available for HSA hearing impaired patients

    New treatment for acid reflux in the Caribbean

    New treatment for acid reflux in the Caribbean

    Health Ministry names incoming Chief Medical Officer

    One COVID-19 related death reported

    Trending Tags

No Result
View All Result
Cayman Marl Road
No Result
View All Result

Lawyer fails to have default judgment set aside over row for divorce fees

by CMR
February 05, 2022
in Breaking News
0
Lawyer fails to have default judgment set aside over row for divorce fees

Khatidja McLean

166
SHARES
Share on FacebookShare on TwitterShare on Whatsapp

(CMR) Local attorney Khatidja McLean had her application to set aside a default judgment for non-payment of legal fees denied by the Grand Court recently after she claimed poor legal representation in the handling of her divorce case. She paid CI$8,600 in legal fees on a total bill of CI$40,948.50.

The court found in a January hearing that she would have to pay CI$32,348.50 in professional fees to law firm McGrath Tonner who handled her acrimonious divorce in 2018.

McLean had her application for legal aid denied prior to instructing McGrath Tonner to handle the divorce proceedings, an application for maintenance and an order to get her now ex-husband to contribute to her legal fees. She had noted that she was desperate to get the divorce completed quickly while keeping legal fees to a minimum.

Although she was not practicing during the time she was married she has since started her own firm and now works as in-house counsel for a financial services business in the Cayman Islands.

She claims that after engaging the firm in late March 2018 by November of that same year she was not pleased with “a lack of responsiveness” from her attorney Kirsty Leedam. By December 2018 she received notice from partner David McGrath that they would not be able to continue representing her if an outstanding bill for CI$2,300 was not paid.

She responded that she could pay CI$5,000 but no more and drafted several documents which were sent for their review. She also indicated that her retired parents would fund the case if costs exceeded CI$10,000.

She then applied to have her husband be ordered by the court to contribute to her legal fees. During February and April 2019 the estranged couple were in talks about borrowing money against the matrimonial home or joint property owed to assist with legal fees for both of them. However, McLean was refusing to allow the matrimonial home which she resided in to be re-mortgaged instead insisting the other parcel of land be used.

In April 2019 McGrath Tonner indicated they could no longer act for her because of lack of available funds.

She then claimed poor legal representation and that she was being overcharged by the defendants. She even claimed that they were negligent and demanded repayment of the legal fees she had already paid. McGrath invited her to speak with Managing Partner Ben Tonner which apparently she refused to do given what she told the court was “no useful response” from her previous conversations with McGrath.

In October 2019 the law firm sent her a letter before action which she did not respond do. She was then served legal papers in November. Due to a broken foot she indicated she was unable to drive and therefore could file a response in time to the write and statement of claim.

She did not send in any acknowledgement of service form indicating her intent to defend the matter and she has no real experience in litigation. The court noted that “the defendant was also unable to provide any reasonable explanation why she did not ask for an extension of time to do so.”

 McGrath Tonner applied for default judgment and it was granted in December 2019. By February 2020 she applied to have the default judgment set aside by the court and filed a counterclaim for the amount her maintenance was eventually increased by, multiplied by the number of months she says the application was delayed by the Plaintiff.

The court found that there was on reasonable explanation for the Defendant's failure to acknowledge service of the writ indicating her intent to defend and no reasonable prospect of her succeeding in the matter. Acting Honourable Justice Alistair Walters found that this was a very important procedural deadline to have failed to comply with.

He noted that as an officer of the court/qualified attorney she should appreciate the important of ignoring important court deadlines. The court also appeared to doubt her story about breaking her ankle during the two week filing period for the acknowledgement of service.

The judge did allow for her to have the fees taxed on an indemnity basis and  delay the enforcement of the judgment until McGrath Tonner could sent out costs in a Statement of Account which will be taxed by the Court on the indemnity basis.

Khatidja McLean is in House Counsel and Head of Trusts for Sterling Global Financial she previously worked at Ogier as a corporate and commercial attorney in 2008 after she completed her articles with them and was admitted to the Cayman Islands bar.

Khatidja received her Bachelor of Arts (Honours) in Psychology with a minor in Law from Carleton University, Ottawa in 2004 and her Graduate Diploma in Legal Studies with a Commendation from the University of Birmingham in 2005. She then graduated from the College of Law, Birmingham in 2006 with a Commendation in Legal Practice, and joined Ogier shortly thereafter. She moved onto to Solomon Harris in 2011 but spent less than a year there before then working for Citco Group of Companies as In-House Counsel for 11 months.

Her LinkedIn biography shares that she was self employed at her own law frim for almost 8 years before taking on her new position in June of last year.

Related posts:

TCHT: Cockfighting in Cayman?
Fire Service responds to alarm at Cayman Islands Hospital
Nine-year-old raped and strangled in Jamaica
TCHT: Foreigner with Firearms
Share your vote!


No, thanks.
How do you feel after reading this?
  • Fascinated
  • Happy
  • Sad
  • Angry
  • Bored
  • Afraid
CMR

CMR

Related Posts

TCHT: Cockfighting in Cayman?

TCHT: Cockfighting in Cayman?

by Kenyotta Boone
February 2, 2023
0

SHOW OUTLINE: 20:55 - Wednesday's Police Chase 1:15:58 - $500,000 fine for what? 1:51:08 - Cockfighting in Cayman FACEBOOK LINK

Fire Service responds to alarm at Cayman Islands Hospital

Fire Service responds to alarm at Cayman Islands Hospital

by Renae Stampp
February 1, 2023 - Updated on February 2, 2023
0

(CMR) The Cayman Islands Fire Service responded to an alarm at the Cayman Islands Hospital after the alarm was triggered...

Man charged with wounding after weekend nightclub stabbing

Nine-year-old raped and strangled in Jamaica

by Renae Stampp
February 1, 2023 - Updated on February 2, 2023
0

(CMR) A nine-year-old girl was reportedly raped and strangled to death after leaving school this afternoon in Hanover, Jamaica. According...

TCHT: Foreigner with Firearms

TCHT: Foreigner with Firearms

by Kenyotta Boone
January 31, 2023
0

SHOW OUTLINE: 47:45 - Support for the Blue Spot 1:24:15 - Foreigners and Firearms YOUTUBE LINK

Three George Town trailers caught fire, no injuries

Three George Town trailers caught fire, no injuries

by Renae Stampp
January 31, 2023
0

(CMR)  The Cayman Islands Fire Service (CIFS) extinguished a fire from three trailers in an open lot near Cayman Auto...

RUMOR: Airport to close?

Passenger from Canada arrives in Cayman with three guns

by Renae Stampp
January 28, 2023 - Updated on January 29, 2023
0

(CMR) The Customs & Border Control Service has confirmed that on Saturday, 28 January 2023, CBC Officers seized three (3)...

Next Post
Cancer Survivors Dinner

How much do you know about cancer?

Recent News

Raising boys vs raising girls

10 things you should never say to your kids

February 5, 2023
Man hospitalized following altercation at bar

Man hospitalized following altercation at bar

February 4, 2023
Suspected Chinese spy balloon shot down in the US

Suspected Chinese spy balloon shot down in the US

February 4, 2023
Increase in thefts from motor vehicles

RCIPS warns of increase in theft from vehicles

February 4, 2023
Armed men rob pregnant woman on Town Hall Road

Man armed with machete robs two in George Town

February 4, 2023
Cabinet waives passport fees for seniors

UK passport fees increase as of February 2

February 4, 2023
  • About Us
  • Contact
  • Advertise
  • Privacy Policy
  • Terms and Conditions

Copyright © 2023 CMR Cayman's Premier News Source - All Rights Reserved

No Result
View All Result
  • Home
  • CMR Daily Buzz
  • Events
  • Election 2021
  • Cayman’s Youth
  • Legal Notices
  • Live Show
  • The Cold Hard Truth
  • Ask The Marl Road
    • Consumer Protection
    • COVID-19
    • What would you do?
  • Breaking News
  • Government
    • Road Closures
  • Rumor Has It
  • Investigative Reports
  • Business
    • Finance
  • Cayman Crime Watch
  • Celebration of Life
  • Community Notices/Events
    • Accidents
    • Police
    • Weather
  • Court Cases
    • Civil
    • Criminal
  • Entertainment
    • Events
    • Music
  • Family
    • Education
    • Fury Friends
  • Lifestyle
    • Food
    • Health
    • Medical Experts
  • News Roundup
  • Opinions
    • Polls
    • Cartoons
  • Politics
    • Parliament
  • Regional News
  • Social Media Happenings
    • Jackass of the Day!
    • Lost & Found
  • World News
  • Cayman Small Business
  • Cayman Wellness
  • Tech News
  • Sports
  • Science
  • Weird & Unusual News
  • Advertorials

Copyright © 2023 CMR Cayman's Premier News Source - All Rights Reserved