Last Updated: October 30, 2014

Court Of Appeal Judgments

Denys Barrow v The Attorney General of Saint Lucia   - New

Categories: 2014, Judgments, October, Saint lucia

SLUHCVAP 2013/0001
Kentish-Egan, JA [Ag]
Delivered: 27/10/2014
Civil appeal – Judicial review – Interpretation of ‘pensionable circumstances’ within section 3(1) of the Eastern Caribbean Supreme Court (Rates of Pension) (Judges) Act – Whether section 3(1) of the Eastern Caribbean Supreme Court (Rates of Pension) (Judges) Act entitles a judge to be paid a pension on retirement as a judge having served in the public service of Saint Lucia for less than 10 years – Applicability of rule in Pepper v Hart – Legitimate expectation – Whether a judge has a legitimate expectation that a pension would be paid to him upon retirement at age 56 based on previous practices of the Judicial and Legal Services Commission – Pensions Act – Pensions Regulations – Supreme Court (Salaries, Allowances and Conditions of Service of Judges) Order

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The Attorney General of Saint Lucia v Kaim Sexius   - New

Categories: 2014, Judgments, October, Saint lucia

SLUHCVAP 2012/0034
Blenman, JA
Delivered: 27/10/2014
Civil appeal – Defendant’s right to pre-trial silence – Disclosure – Adverse inferences – Constitutionality of ss. 909 and 912(1) of Criminal Code and rule 11.1(3)(c) of Criminal Procedure Rules – Defence statement to be given to prosecutor prior to commencement of trial pursuant to s. 909 of Criminal Code – Possibility of adverse inferences being drawn pursuant to s. 912(1) of Criminal Code if defendant fails to provide defence statement – Whether fundamental rights of defendant provided by s. 8 of Constitution violated by ss. 909 and 912(1) of Criminal Code and rule 11.1(3)(c) of Criminal Procedure Rules – Whether learned judge erred in concluding that ss. 909 and 912(1) of Criminal Code together with rule 11.1(3)(c) of Criminal Procedure Rules were incompatible with section 8(1) of Constitution – Whether learned judge erred in not exercising her discretion to sever offending aspects of ss. 909 and 912(1) of Criminal Code and rule 11.1(3)(c) of Criminal Procedure Rules

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Joseph Horsford v Geoffrey Croft   - New

Categories: 2014, Antigua & Barbuda, Judgments, October

ANUHCVAP 2014/0006
Blenman, JA
Delivered: 22/10/2014
Civil appeal – Interlocutory appeal – Whether statements made in witness statements were irrelevant and scandalous – Whether the learned master was correct in striking out statements as irrelevant and scandalous – Whether learned master exercised discretion wrongly

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Glenford Rolle v Stephen Lander   - New

Categories: 2014, Commonwealth of Dominica, Judgments, October

DOMHCVAP 2013/0025A
Baptiste, JA
Delivered: 20/10/2014
Interlocutory appeal – Default judgment – Failure to file acknowledgement of service or defence on time – Wrong ‘notes for defendant’ attached to claim form served on appellant/defendant in court below – ‘Notes for defendant’ pertained to fixed date claim rather than general claim – Whether claim ought to have been treated as fixed date claim as a result – Whether appellant/defendant prejudiced by inclusion of wrong notes

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Mathew Harris v Lindsay Mason   - New

Categories: 2014, Antigua & Barbuda, Judgments, October

GDAHCVAP 2014/0028
Pereira, CJ
Delivered: 09/10/2014
Interlocutory appeal – Application to set aside default judgment – Whether the Civil Procedure Rules 2000 precludes default judgment from being entered for a specified sum of money and also for an unspecified sum of money – Rules 12.8(3) and 12.10 of the Civil Procedure Rules 2000

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Yang Hsueh Chi Serena v Equity Trustee Limited

Categories: 2014, Judgments, September, Territory of the Virgin Islands

BVIHCMAP2013/0012
FARARA JA [AG]
Delivered: 29/09/2014

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Prudence Robinson v Sagicor General Insurance Inc.

Categories: 2014, Judgments, Saint lucia, September

SLUHCVAP2013/0009
BAPTISTE JA
Delivered: 29/09/2014

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Elvis Wyre (Personal Legal Representative of the Estate Ofarnold Wyre, Deceased) v Alvin G. Edwards

Categories: 2014, Antigua & Barbuda, Judgments, September

ANUHCVAP2014/0008
Webster Ja [Ag.]
Delivered : 03/09/2014

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Mr. Alphonse Fletcher, Jr v Solon Group, Inc.

Categories: 2014, Judgments, September, Territory of the Virgin Islands

BVIHCMAP2014/0005
Webster Ja [Ag.]
Delivered : 03/09/2014

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Cuthbert James v Vida James

Categories: 2014, August, Judgments, Saint lucia

SLUHCVAP2014/0012
Webster, J.A [Ag]
Delivered: 11/08/2014
Interlocutory appeal – Application to call additional witnesses – Additional witness statements filed by appellant before formal application made for permission to do so – Whether learned judge precluded from considering merits of application by virtue of premature filing – Whether appellant could have filed additional statements without first applying for leave to do so – Rule 26.1(2)(w) of the Civil Procedure Rules 2000 – Whether learned judge considering witness application had effect of undermining master’s decision

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Lyndon Duncan V Edison Baird

Categories: 2014, Anguilla, Judgments, July

AXAHCVAP2012/0008
Michel JA.
Delivered: 14/07/2014

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Staray Capital Limited v Cha Yang

Categories: 2014, Judgments, July, Territory of the Virgin Islands

Claim No. BVIHCMAP2013/0009
THOM, JA (Ag.)
Delivered: 14/07/2014

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Leonora L. Walwyn v Eustace Archibald et al

Categories: 2014, Judgments, July, Saint Kitts and Nevis

SKBHCVAP2010/0012
PEREIRA CJ
Delivered: 10/07/2014

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Austin Martin v Attorney General

Categories: 2014, Antigua & Barbuda, Judgments, July

ANUHCVAP2009/0015
PEREIRA, CJ
Delivered: 07/07/2014

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Clarvis Joseph et al v Antigua Power Co Ltd

Categories: 2014, Antigua & Barbuda, Judgments, July

ANUHCVAP2014/0016
Pereira, C.J.
Delivered: 07/07/2014
Leave to appeal order refusing to stay claim commenced in 2013 by respondents – Prior action commenced by respondent in 2007 – Applicants sought stay on basis that 2013 claim based on same facts and claimed same damages already claimed in 2007 proceedings – Re-litigation of issues already finally litigated before Privy Council – Res judicata – Abuse of process

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