Eastern Caribbean Supreme Court
  • About Us
    • Brief History of the Court
    • Court Overview
    • Meet the Chief Justice
    • Past Chief Justices
      • Sir Hugh Rawlins
      • Sir Brian George Keith Alleyne
      • His Lordship, the Hon. Justice Adrian Saunders
      • Hon. Sir Charles Michael Dennis Byron
      • Rt. Hon. Sir Vincent Floissac
      • Honourable Sir Lascelles Lister Robotham
      • More..
        • Hon. Neville Algernon Berridge
        • Sir Neville Peterkin
        • Sir Maurice Herbert Davis
        • Justice P. Cecil Lewis
        • Sir Allen Montgomery Lewis
    • Judicial Officers
      • Justices of Appeal
        • His Lordship, the Hon. Justice Davidson Kelvin Baptiste
        • His Lordship, the Hon. Justice Mario Michel
        • Her Ladyship, the Hon. Justice Gertel Thom
        • His Lordship, the Hon. Justice Paul Anthony Webster [Ag.]
        • His Lordship, the Hon. Justice Gerard Farara, KC
        • His Lordship, the Hon. Justice Trevor Ward, KC
      • High Court Judges
      • Masters
    • Court of Appeal Registry
    • Court Connected Mediation
      • Court-Connected Mediation Practice Direction Forms
      • Mediation Publications
    • More…
      • Career Opportunities
      • Legal Internship
      • Transcript Requests
      • Directory
  • Judgments
    • Privy Council
    • Caribbean Court of Justice
    • Court Of Appeal Judgments
    • High Court Judgments
    • Digests of Decisions
    • Country
      • Anguilla
      • Antigua & Barbuda
      • Grenada
      • Montserrat
      • Saint Kitts and Nevis
      • Saint lucia
      • Saint Vincent & The Grenadines
      • Territory of the Virgin Islands
    • Year
      • 1972 – 1990
        • 1972
        • 1973
        • 1975
        • 1987
        • 1989
        • 1990
      • 1991 – 2000
        • 1991
        • 1992
        • 1993
        • 1994
        • 1995
        • 1996
        • 1997
        • 1998
        • 1999
        • 2000
      • 2001 – 2010
        • 2001
        • 2002
        • 2003
        • 2004
        • 2005
        • 2006
        • 2007
        • 2008
        • 2009
        • 2010
      • 2011 – 2019
        • 2011
        • 2012
        • 2013
        • 2014
        • 2015
        • 2016
        • 2017
        • 2018
        • 2019
    • Judgment Focus
  • Sittings & Notices
    • Schedule of Sittings
    • Court of Appeal Sittings
    • Chamber Hearing (Appeals)
    • Case Management (Appeals)
    • High Court Sittings
    • Status Hearings
    • Special Sittings
    • Notices
  • Court Procedures & Rules
    • ECSC Court of Appeal Rules
    • ECSC (Sittings of the Court) Rules, 2014
    • Civil Procedure Rules [WEB]
    • ECSC Civil Procedure Rules
      • Civil Procedure Rules 2000 [Amendments to Nov 2015]
      • Civil Procedure (Amendment) Rules 2014
      • ECSC Civil Procedure (Amendment) (No.2) Rules
      • Civil Procedure Rules 2000 [Amendments to May 2014]
      • Civil Procedure (Amendment) Rules 2013
      • Civil Procedure (Amendment) Rules 2011
    • ECSC Criminal Procedure Rules
      • Criminal Procedure Rules SI No. 22 of 2015
    • ECSC Sentencing Guidelines
    • Non Contentious Probate Rules and Administration of Estates
    • Family Proceedings Rules
    • More..
      • Election Petition Rules
      • Legal Profession Disciplinary Procedure Rules (St. Lucia)
      • Code Of Judicial Conduct
      • Court Forms
        • Introduction of E-Filing
        • BVI Commercial Division E-Filing
        • Court-Connected Mediation Practice Direction Forms
      • Court Proceedings Fees
      • SILK Application Procedure
      • Practice Directions
      • Practice Notes
      • Video Conferencing Protocols
  • News & Publications
    • ECSC Media Gallery
    • Annual Reports
    • Appointments
    • Press Releases
    • Papers & Presentation
      • Opening of the Law Year Addresses
    • Tributes
  • E-Litigation
    • E-Litigation Portal
    • E-Litigation Instructional Videos
    • ECSC E-Litigation Portal User Information
    • Electronic Litigation Filing and Service Procedure Rules
    • Notices of Commencement
    • E-Litigation Publications
    • Training Site
  • J.E.I
    • JEI History
    • Structure of JEI
    • JEI Chairman
    • Mandate, Objectives, Standards
    • Programmes Archive
      • Conferences
      • Programmes & Projects
      • Symposiums
      • Training
      • Workshops
    • Upcoming Activities
more
    • About Us
    • Meet the Chief Justice
    • Civil Procedure Rules
    • Mediation
    • Careers
  • Contact
  • Saved for Later
 Home  E-Litigation Portal
  •  Court Procedures And Rules
    • Civil Procedure Rules
    • Court Forms
    • Election Petition Rules
    • Practice Directions
  •  Judgments
    •  All
    •  Court of Appeal
    •  High Court
    •  Digest of Decisions
  •  Sittings
    •  All
    •  Court of Appeal
    •  High Court
  • Sign In
    
    Minimize Search Window
    •       {{item.title}} Filter By Category {{SelectedFilters.length}}x Categories 
    •       {{item.title}} {{selectedCountries.length}}x Countries Country 
    •       {{item.title}} Filter By Year {{selectedOptions.length}}x Options 
    
    Sorry can't find what you're looking for try adjusting your search terms
    Appeal
    {{doc._source.post_title}}
    Page {{indexVM.page}} of {{indexVM.pageCount}}
    pdf
    Home » Judgments » High Court Judgments » ALSTON PENNISTON et al v THE M.V. MS. TINI OF THE PORT OF ST. EUSTATIUS

    SAINT VINCENT AND THE GRENADINES

    IN THE HIGH COURT OF JUSTICE

    SVG HAD 2001/0001

    BETWEEN
    ALSTON PENNISTON
    GEORGE OSBORNE
    HAYDOC DOMINIC
    ANSELM GORDON
    Claimants
    V

    THE M.V. MS. TINI OF THE PORT
    OF ST. EUSTATIUS, N.A. AND
    OWNERS AND PARTIES IN THE
    M.V. MS. TINI
    Defendants

    APPEARANCES:
    Mr. J. Bayliss Frederick for Claimants/Respondents
    Mr. Richard Williams for Caveator

    ——————————————————–
    2002, November 25
    ——————————————————–

    RULING

    BRUCE-LYLE J: Having regard to the arguments put forward by Learned Counsel Mr. Richard Williams purporting to act for the Intended Caveator CCYY Ltd, in support of his application for this Court to set aside an order it made on 15th November 2002 in favour of the claimants in this suit, I rule as follows:

    [1] A party by filing a notice called a pracecipe for a caveat signed by himself or his solicitor, undertaking to enter an appearance in any action which may be commenced against the property described in the notice and undertake to give bail in such action in a sum not exceeding an amount stated in the notice or to pay such sum into Court; may cause a caveat against the issue of a warrant for the arrest of such property to be entered in the Admiralty Registry in a book kept there and called the Caveat book. A caveat remains valid for six months unless withdrawn – per Haslbury’s Laws of England, 4th Edition, Para. 371 – Entry of caveat (caveat against arrest).

    [2] The entry of a caveat does not prevent a warrant being taken out for the arrest of the property mentioned in the notice, but where any property which is protected by a caveat is arrested, the party who caused the entry of the caveat may by motion apply to the Courts for the discharge of the warrant, and unless the party procuring the arrest shows to the satisfaction of the Court good and sufficient reason for having taken out the warrant, the Court may discharge the warrant and order the payment of damages for loss suffered as a result of the arrest – per para. 372 Halsbury’s Laws of England, 4th Edition.

    [3] In the suit before hand a caveat was filed by way of a pracecipe by Learned Counsel Mr. Richard Williams dated the 4th of December 2001 against the release of the M.V. Miss Tini and also against payment out of Court of the proceeds of sale as the intending Caveator, CCYY Ltd, claimed to have an interest to the extent of approximately $22,510.21 USD or its E.C. equivalent of $61,157.98 in the M.V. Miss Tini in respect of balance of money due and owing for repairs to the said ship effected at the caveator’s shipyard.

    [4] I hold from the foregoing that that caveat has long expired beyond the six months’ time limit for its existence. No further renewal of the caveat has been effected by Learned Counsel Mr. Richard Williams. Further, subsequent proceedings in this matter has resulted in various orders by the Court towards the sale of the property M.V. Miss Tini on application by Counsel Mr. Bayliss Frederick for the Claimants, without any intervention by Counsel Mr. Richard Williams in accordance with Part 70 of CPR 2000.

    [5] Learned Counsel Mr. Williams purports to argue on the basis of the existence of this caveat filed on 4th December 2001. His application has no merit as the caveat has expired and is of no effect. He has further not complied with Part 70 of CPR 2000 which would have clothed him with authority to intervene in this matter.

    [6] I therefore rule that the application from the Learned Counsel Mr. Richard Williams has to fail and the order made by the Court on 15th November 2002 is to stand. There will be no order as to costs.

     

    /s/ Frederick Bruce-Lyle
    25.11.2002

    https://www.eccourts.org/alston-penniston-et-al-v-the-m-v-ms-tini-of-the-port-of-st-eustatius/
     Prev
    Steadroy McDougal v The Queen
    Next 
    National Guarantee Insurance Company Limited v Winston George
    Eastern Caribbean Supreme Court

    2nd Floor Heraldine Rock Building
    Waterfront
    P.O. Box 1093
    Castries
    Saint Lucia
    T: +1 758 457 3600
    E: offices@eccourts.org

    • About Us
      • Court Overview
      • Career Opportunities
      • Directory
      • Privacy Policy
    • Judgments
      • Court Of Appeal
      • High Court
    • Sittings
      • Chamber Hearing
      • Court of Appeal
      • High Court
    • News & Updates
      • Appointments
      • Press Releases
    • Civil Procedure Rules
      • Court Forms
      • Practice Directions
    © 2023 Eastern Caribbean Supreme Court. All Rights Reserved

    Submit your email address and name to subscribe for email notifcations.

    [email-subscribers-advanced-form id="1"]
    Bookmark
    Remove Item
    Sign in to continue
    or

    Bookmarked Items
    •  Home
    • Judgments
    • Sittings
    •  News
    •  more