Lawyer Llewellyn Peniston was given a severe tongue-lashing by a Supreme Court judge yesterday for being discourteous, late and failing to have his case prepared.

Assistant Justice Philip Storr was angry when Mr. Peniston turned up late yesterday morning after he was granted an adjournment to amend his case and then failed to apologise until he was twice prompted.

Mr. Justice Storr threatened to make the lawyer, who is representing United Bermuda Party (UBP) MP Maxwell Burgess, personally pay extra legal costs incurred due to the delays after the lawyer requested more time because he had not fully prepared his case.

Mr. Justice Storr warned him: "I am bound to say that when I deal with this application, I'll have in mind whether this case has deteriorated to the extent of whether you personally should be made to pay the (legal) costs thrown away."

Mr. Peniston is representing Mr. Burgess, who is being sued by Dawn and Amon Brown, who allege the MP reneged on an agreement to sell them a house in Longridge Pass, Devonshire.

Mr. Burgess then sold the house, in which the Browns still live, to his nephew Jamal Burgess, who says he is the bona fide owner of the property.

After Mr. Peniston returned five minutes late in the morning and began speaking, Mr. Justice Storr twice had to say: "Before you address me, haven't you something to say to me?"

Mr. Peniston then apologised for being late and continued, but the judge interrupted: "The reason I should overlook this discourtesy?"

"I was busy trying to comply with the reason you gave (to prepare the case) before we arose," replied Mr. Peniston.

But the judge said: "You chose yesterday afternoon to make an application to amend the defence. You told us at 9.30 a.m. today (you need more time) and you had at least 18 hours between the application (to prepare the case).

"You haven't said I'm sorry I'm late and even when (you did) it was when prompted. Why should I listen to an application when you can't take the time to get your application in order?

"When I was practising at the Bar, I made sure my house was in order before I made an application and I made sure I had the authorities to back up the application. Isn't that the same in Bermuda?"

Mr. Peniston said "it is the same in Bermuda", before explaining that "certain things flow" from his application.

The amendment to the defence pleading was not spelled out in court yesterday, but Mr. Peniston described it as "minor".

But Mr. Justice Storr countered: "It is not minor! It changes the whole case, utterly, totally and entirely."

When court resumed in the afternoon, Mr. Justice Storr again chastised Mr. Peniston for not having legal authorities to back up his case for an amendment.

"I haven't heard any authority yet about the amendment to the pleadings," he told him, before adjourning the case until this morning.

"What I will do very unusually, I will reluctantly adjourn it again, and if your house is not in order at 9.30 a.m., you will not get relief.

"Go and look it up, get some authorities, make some photocopies. Be in a position to make your case. You are not even scratching the surface.

"There are at least six authorities from the last century that set out the principles. I want to be certain that you are in a position to do your best for your client, and you are a million miles away from that at the moment.

"Will you take advantage of this opportunity? Do make sure you know exactly what you are talking about.

"I need these authorities from you and your argument about why these authorities outweigh why leave should not be given.

"It's been hanging over these people's heads for years about whether they have a house."

Mr. Peniston clashed with the judge on the first day of the hearing on Monday when he was cross-examining Mrs. Brown. Mr. Justice Storr warned him: "You are not entitled to embroider evidence for your own purpose".