A communications professional is suing the National Democratic Party and Opposition Leader Myron Walwyn for more than $39,000 in unpaid fees and other costs linked with services she claims were rendered for the 2019 general election campaigns.
Sachkia Barnes, a principal of Barnes PR, launched the action at the High Court on June 20, filing a claim that names the NDP as the first defendant and Mr. Walwyn as the second defendant.
The claim asserts that the NDP and Mr. Walwyn — who chaired the party at the time of the February 2019 election but has denied liability for any debts — owe Ms. Barnes $28,908.32 for services rendered between November 2018 and June 2019. Besides the main sum, interest claimed since June 20, 2019, along with legal practitioner’s fixed costs, are cited as $8,672.50. Another $1,500 in legal fees for service of a “formal demand letter” and $100 in court costs bring the total claim to $39,180.82.
Opposition member Marlon Penn (R-D8), who succeeded Mr. Walwyn as head of the NDP after Mr. Walwyn lost his seat in the 2019 general election, declined to comment, as did Ms. Barnes.
Mr. Walwyn (R-D6) said that he should not have been included in the lawsuit in the first place.
“We will be making an application to strike out as I am erroneously named as a defendant,” he told the Beacon.
Barnes’ claims
In her June 20 statement of claim, Ms. Barnes alleges that Mr. Walwyn engaged her on behalf of the NDP around November 2018 to serve as campaign manager and communications strategist for the 2019 election.
After that, she states, she carried out various duties for the party. Besides providing political advice, campaign design and management services, she “paid out of pocket for various campaign collateral” for the NDP such as printing and shipping, the claim states.
The document adds that Ms. Barnes “was not only engaged for strategic communications services, but also took on primary responsibility for the management and coordination of the campaign.”
Her activities included managing payments to subcontractors, facilitating and designing the party’s 2019 manifesto, organising district meetings, overseeing logistics and coordinating volunteers, “booking talent,” directing photoshoots, designing and managing the campaign’s political app, and facilitating speech writing and rehearsals, according to the document.
Ms. Barnes “also worked to close vendor accounts, compile financial reporting, and deliver a final campaign report, as evidenced in email correspondence and documented payment disbursements from the defendants to Barnes PR,” the claim states.
But despite written demands, Ms. Barnes alleged that the NDP and Mr. Walwyn “have failed or refused to pay” the fees owed.
“The defendants continue to benefit from the services rendered, including branding materials and photography used during and after the campaign,” the statement adds.
The filing goes on to claim that Ms. Barnes “has suffered financial hardship, including depletion of savings, credit card debt and the closure of business accounts due to the non-payment of the invoice.”
Opposition leader
Mr. Walwyn, however, contested the claims in a statement of defence that he submitted to the court on Aug. 21.
The statement acknowledges that he served as NDP chairperson during most of the period in question — holding the post from June 2018 until he stepped down in May 2019 — but denies that he is responsible for any money owed to Ms. Barnes.
“It is denied that [Mr. Walwyn] was party to any agreement or contract with the [NDP],” his defence states. “[Mr. Walwyn] at all material times acted in the capacity of the chairman of the [NDP]. The position of chairman within a political party does not, in and of itself, give rise to personal liability for the alleged acts or omissions of the party or its individual members.”
Mr. Walwyn added that Ms. Barnes had not provided “any evidence” that he had “any direct involvement” in the alleged debts she is seeking to recover.
“It therefore follows that each and every allegation in the claim made against [Mr. Walwyn] cannot be maintained against, and is irrelevant to, him,” the filing states.
Pre-litigation letter
The filing also alleges that Ms. Barnes failed to comply with pre-action protocols under the Civil Procedure Rules because she didn’t serve Mr. Walwyn with a pre-litigation letter.
PST Law sent Mr. Penn such a letter on Ms. Barnes’ behalf on May 13, 2020, but the correspondence did not mention Mr. Walwyn.
The 2020 letter stated that Ms. Barnes was willing to accept payment of $28,908.32 in five monthly instalments from June 15 to Oct. 15, 2020 — plus $750 in legal fees. It also provided a general breakdown of the costs Ms. Barnes claimed were owed.
“The figure is broken down into $10,000 for our client’s services, $16,155.11 as reimbursement for our client’s company funds being used to cover expenses to various vendors, and $2,753.21 for shipping costs with DHL,” the letter states, adding, “We are further instructed that despite several demands by our clients for payment, even by way of payment plans, no commitment has been made by your party to clear the debt.”
No response
Mr. Walwyn, who is an attorney, told the Beacon on Monday he had not yet received a response to the statement of defence he filed in the High Court.
“I note that there has been no filing from the National Democratic Party,” he added. “There has also been no response to my defence. I will be filing an application to strike out this week.”
Mr. Walwyn and Ms. Barnes both signed their own filings, neither of which names a separate attorney.
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