Claim No BVIHMT 2006/0014
BVIHCV 222 of 2013
Gordon, J.A [Ag]
Civil appeal – Application to strike – Costs – Costs to be assessed – Special circumstances – Whether Court should award costs outside of the one-tenth prescribed limit per CPR 65.11
Carrington, J.A [Ag]
Civil appeal – Lease agreement – Lease of Crown lands to Danish owned and controlled company – Lease containing sub-clause providing for option to purchase property after specified term – Interpretation of sub-clause containing option to purchase – Whether proper construction of option clause in lease required that appellant should have satisfactorily carried out terms and conditions of lease in order to be able to either exercise option or compel Government to execute Deed of Sale – Whether appellant rightly exercised option to purchase – Whether Government breached terms of lease agreement – Whether proper construction of sub-clause which provided for grant of Aliens Landholding Licence was that conditions stated therein were conditions precedent to grant of licence – Whether learned judge erred in finding that Government could not have bound itself in advance to issue Aliens Landholding Licence for purchase of remaining lands under lease
Claim No SKBHCV 2013/0241
Ramdhani, J. [Ag]
Judicial Review – Report of Constituency Boundaries Commission – Allegations of Wednesbury Unreasonableness – Irrelevant Considerations – Failure to consider Relevant matters – Improper Purposes – Bias – Failure to Consult – Approach of the Court at the Permission stage – Arguable Case with Reasonable Prospect of Success – Leave Granted in Exceptional Cases for Compelling Reasons, and where Public Interest Aroused.
Pre-Action ex parte Application for Interim Order – Whether Serious Issues to be Tried – Jurisdiction to Grant Interim Order – Constitutional Ouster Provision – Whether CPR Part 17 applies to Judicial Review Proceedings – Grant of Interim Order against Governor-General – Whether Governor-General Proper Party – Discharge of Interim Order – Relevant Interest to Commence Proceedings.
Interlocutory Order – Principles governing the grant of Order in Public Law Matters – American Cyanamid Principles Applied with appropriate Flexibility – Damages not relevant consideration – Balance of Justice – Preservation of the Court’s jurisdiction.
Claim No ANUHCV 2011/0785
Tabor, M. [Ag]
Civil Procedure Rules 2000 (CPR 2000) – application to strike out statement of claim pursuant to 26.3 – relief from sanctions pursuant to 26.8 and 26.9 – time to serve claim form pursuant to 8.12 – procedural error – discretion of court to grant extension of time in absence of specific sanctions – implied sanctions doctrine – order in which applications should be heard
BVIHC (COM) 2012/130
Claim No. SVGHCV2010/0301
Delivered: 19/11/2013 (reissue)
Claim No SKBHCV 2013/0239
Ramdhani, J. [Ag]
Delivered: 14/11/2013 (reissue)
Application for Bail – The Bail Act No. 18 of 2012 St Kitts and Nevis – Principles applicable to the grant of bail – The statutory test for the grant of bail in certain cases – Presumption of bail applicable in certain cases – Approach to be taken by the Magistrate on an application for bail – Reasons for the grant or refusal of bail to be provided by the court
BVIHC (COM) 88 of 2012
Shares – beneficial ownership – whether transfer gratuitous – whether resulting trust in favour of transferor – burden of proof considered
Criminal appeal – Murder – Application to adduce fresh evidence – Jury’s inference – Implied implantation of scissors – Lucas direction – Public interest defence and self-defence – Whether error in leaving the issue of trespasser before the jury – Breach of prosecutorial role – Whether a trial judge ought to direct a jury that where an accused formed the intention to kill it is not inconsistent with the plea of provocation, thus entitling the accused to the lesser verdict of manslaughter – Sentencing.
Mitchell, J.A [Ag]
Civil appeal – Employment contract – Workers compensation – Public Authorities Protection Act – Whether the limitation defence under the Public Authorities Protection Act apply to public servants who are injured in the course of their employment due to the negligence of their employer
Claim No SKBHCR 2013/0035
Ramdhani, J. [Ag]
BVIHC (COM) 112 of 2013
Trusts – discretionary trust – no express power in trustee to vary identity of beneficiaries or terms of settlement – whether power of appointment available to exclude beneficiary and vary terms of settlement – Blausten v IRC not followed