Mobile Menu
Offshore Cases

The Castries Constituency Council -v- Lambert Nelson SLUHCVAP 2014/0016

February 2016 Civil Procedure Rules Interim Payment Fraud

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - EXERCISE OF JUDGE’S DISCRETION - WHETHER DISCRETION PROPERLY EXERCISED - ORDER FOR INTERIM PAYMENT - RULE 17.6(1) OF THE CIVIL PROCEDURE RULES, 2000 (“CPR”) - WHETHER CLAIMANT ADMITTED LIABILITY - WHETHER JUDGMENT WOULD BE OBTAINED AGAINST CLAIMANT

This was an Appeal by the Castries Constituency Council (the “Council”) against the decision of the Court below ordering it to make an interim payment to the Respondent and its findings of fraud against the Council. The Respondent was a various time employed in the public service and eventually took up a permanent position with the Council. The dispute between the Council and the Respondent essentially revolves around the former’s decision not to add his tenure in public service to his period of employment for the purpose the computation of his retirement benefits.

In allowing the Appeal the Court of Appeal applying Ecedro Thomas -v- Augustine Stoutt et al BVIHCVAP1993/0001, held that an allegation of fraud must be specifically pleaded and particularised and, that the mere averment of fraud in general terms was not sufficient and that in order to satisfactorily plead fraud, the Claimant must be able to identify specific facts and conduct supporting the Application. The Court held that fraud had not been pleaded nor asserted and it was therefore not open to the Judge to make a finding in relation to such.

 

To continue reading full articles in PDF format:
The Castries Constituency Council -v- Lambert Nelson SLUHCVAP 2014/0016

 

Accolades
_

"Few firms can come close to Conyers on one critical metric, and this is the breadth of the client base."
- IFLR1000

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

The Castries Constituency Council -v- Lambert Nelson SLUHCVAP 2014/0016

13 February 2016

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL - EXERCISE OF JUDGE’S DISCRETION - WHETHER DISCRETION PROPERLY EXERCISED - ORDER FOR INTERIM PAYMENT - RULE 17.6(1) OF THE CIVIL PROCEDURE RULES, 2000 (“CPR”) - WHETHER CLAIMANT ADMITTED LIABILITY - WHETHER JUDGMENT WOULD BE OBTAINED AGAINST CLAIMANT

This was an Appeal by the Castries Constituency Council (the “Council”) against the decision of the Court below ordering it to make an interim payment to the Respondent and its findings of fraud against the Council. The Respondent was a various time employed in the public service and eventually took up a permanent position with the Council. The dispute between the Council and the Respondent essentially revolves around the former’s decision not to add his tenure in public service to his period of employment for the purpose the computation of his retirement benefits.

In allowing the Appeal the Court of Appeal applying Ecedro Thomas -v- Augustine Stoutt et al BVIHCVAP1993/0001, held that an allegation of fraud must be specifically pleaded and particularised and, that the mere averment of fraud in general terms was not sufficient and that in order to satisfactorily plead fraud, the Claimant must be able to identify specific facts and conduct supporting the Application. The Court held that fraud had not been pleaded nor asserted and it was therefore not open to the Judge to make a finding in relation to such.

 

To continue reading full articles in PDF format:
The Castries Constituency Council -v- Lambert Nelson SLUHCVAP 2014/0016

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com