Status Hearing – 13th May 2024

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEOCONFERENCE TERRITORY OF THE VIRGIN ISLANDS Monday 13th May 2024 Case Name: Sonata Alliance Inc. v Adjournment Startnet Ltd. [BVIHCMAP2016/0010 (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Mark Wells Respondent: Ms. Coleen Farrington Issues: Status of the Matter Type of Order Result/Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing for the Territory of the Virgin Islands scheduled for 22nd October 2024 to allow counsel for the appellant to take the necessary steps to be removed as counsel on record for the appellant. Reasons: Counsel for the appellant informed the Court that it was their intention that they be removed from the record as the appellant’s legal practitioners. Counsel also informed the Court that a draft notice of discontinuance had been prepared and was sent to the respondent. However, counsel for the respondent called into question the terms of discontinuance, requesting clarification as to the basis these terms were proposed. The Court therefore gave the above order to allow counsel for the parties to clarify any outstanding issues and to ensure service of the finalised notice of discontinuance on the appellant. Case Name: Simon John McNally et al v Carl Stuart Jackson et al [BVIHCMAP2022/0060] [BVIHCMAP2022/0065] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Andrew Willins Issues: Status of the Matter N/A Type of Order Result / Order: IT IS HEREBY ORDERED THAT: N/A Reason: The Court made a security for costs order against the appellants on 18th April 2023. However, as at the date of the status hearing, the appellants had not made any payment in satisfaction of the said security for costs order. The matter was therefore struck off and no order was made by the Court. Case Name: Central Shipping Co. Limited v Fortune Bright Global Limited Directions [BVIHCMAP2016/0019] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. John Carrington, KC Respondent: No appearance Issues: Status of the Matter Type of Order Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties.

2.The matter is removed from the status hearing list pending the availability of the transcript of proceedings.

3.The matter will be relisted at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar.

4.The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: The Court was informed that the transcript of proceedings had not yet been prepared and as such, made the following orders. Case Name: Sylvia Maduro-Dale et al v The Registrar of Lands [BVIHCVAP2010/0022] (Territory of the Virgin Islands) Date: Monday, 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Shonice Warner Adjournment Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court for the Territory of the Virgin Islands scheduled for 22nd October 2024, to allow the respondent to take whatever steps it deems necessary in relation to the appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellants by publication of this order in 2 copies of a newspaper in the Territory of the Virgin Islands, and shall provide proof of publication thereafter. Reason: The Court gave the above directions to progress the matter to a state of readiness for appeal. Case Name: Earl Hodge v The Commissioner of Police et al [BVIHCVAP2015/0010] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar N/A Appearances: Appellant: No appearance Respondent: Ms Nicosie Dummett Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the application filed by the respondent on 9th May 2024 to strike out the application for leave appeal filed on 8th July 2015, the matter is removed from the status hearing list pending the determination of the application. Reason: The Court was informed that the appellant was deceased and that the respondent filed an application to strike out the application for leave appeal on 9th May 2024, supported by an affidavit. The Court taking those circumstances into consideration made the above order. Case Name: Andrey Titarenko v Arabella Di Iorio [BVIHCVAP2021/0003] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Directions Appearances: Appellant: In person Respondent: In person Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide the parties with an update on the transcript of proceedings in this matter on or before 31st May 2024. 2. The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 22nd October 2024. Reason: The Court was informed by the respondent that the appellant, Mr. Titarenko had not paid the costs which was ordered in the court below on 4th December 2021. The respondent also asked that Mr. Titarenko make this payment as there was no stay. The Court in order to progress the matter made the above order. Case Name: Global Ocean Transport Inc. v Dwight Flax et al [BVIHCVAP2017/0006] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Adjournment Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing of the court of appeal for the Territory of the Virgin Islands scheduled for 22nd October 2024, to allow the appellant to indicate whether it is still interested in prosecuting the appeal. 2. The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: Due to the non-appearance of both counsel for the appellant and the respondent and it being the first time the matter was hearing at Status Hearing the Court made the above order. Case Name: Jessroy McKelly v The King [BVIHCRAP2014/0002] Adjournment (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Michael Maduro Respondent: Ms. Tiffany Scatliffe, The Director of Public Prosecutions Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The claim filed with the Registry of the Supreme Court bearing the appeal number BVIHCRAP2014/0002 shall be migrated onto the E-Litigation Portal. 2. The appellant shall upload this order to the E- Litigation Portal, at which time the new appeal number will be generated. 3. All subsequent pleadings, documents and proceedings in this cause shall be filed with the Registry of the Supreme Court via the E- Litigation Portal. 4. The parties shall agree all previously filed (paper) pleadings and documents and upload the same as an “additional volume” on the E- Litigation Portal within 21 days of the date of this order.

5.Where the parties do not agree all previously filed (paper) pleadings and documents to be uploaded on the E-Litigation Portal, each party shall proceed to file their previously filed paper pleadings and documents and upload the same as an “additional volume” on the E- Portal within 21 days.

6.The Court office shall verify and reconcile the abovementioned “additional volume” with the Courts records.

7.There is no order as to costs.

8.The appellant shall file and serve written submissions with authorities on or before 24th June 2024.

9.The respondent shall file and serve written submissions with authorities on or before 26th July 2024.

10.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 12th August 2024.

11.The appeal will be listed for hearing at a Court of Appeal sitting for the Territory of the Virgin Islands, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court gave the above directions for the progression of the appeal. Case Name: The Commissioner of Police v Nickel Simon et al [BVIMCRAP2022/0001] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Ms Kellee-Gai Smith Respondent: No appearance Directions Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 16th June, 2023. 2. The respondent shall file and serve written submissions with authorities on or before 17th July 2023. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 1st August, 2023. 4. The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4th December 2023. 5. The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that transcript of proceedings was outstanding. As such the Court gave the above directions to progress the appeal. Case Name: Korrey Stout v The Commissioner of Police [BVIMCRAP2023/0004] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Stephen Daniels Respondent: Ms Tiffany Scatliffe, The Director of Public Prosecutions holding papers for Ms. Khadija Beddeau Directions Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties. 2. The matter is adjourned to the next status hearing of the court in the Territory of the Virgin Islands scheduled for 22nd October 2024. 3. The Registrar of the High Court is directed to serve a copy of this order on the parties and to provide proof of service thereafter. Reason: The Court noted that the Record of Appeal and transcript of proceedings were outstanding. As such the Court gave the above directions to progress the appeal. Case Name: Jaime Scatliffe v The Commissioner of Police [BVIMCRAP2020/0008] [BVIMCRAP2020/0009] Directions (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John Theobalds, The Chief Registrar Appearances: Appellant: Mr. Michael Maduro Respondent: Ms Kelle -Gai Smith Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before, 19th July 2024. 2. The respondent shall file and serve written submissions with authorities on or before 16th August 2024. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 30th August, 2024 4. The appeal will be listed for hearing at a Court of Appeal sitting for the Territory of the Virgin Islands, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant intimated to the Court that the appellant had medical family emergencies which had delayed the matter. Due to those circumstances the Court gave the above directions to progress the appeal. Case Name: Ricardo Leonard v The Commissioner of Police [BVIMCRAP2020/0003] [BVIMCRAP2020/0004] [BVIMCRAP2020/0005] Adjournment (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Stephen Daniels Respondent: Ms. Kellee-Gai Smith Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next status hearing for the Territory of the Virgin Islands scheduled for 22nd October 2024 to allow the appellant to be present personally to indicate whether he is still interested in prosecuting his appeal. 2. The Registrar of the High Court shall serve a copy of this order on the appellant personally and shall provide proof of service thereafter. Reason: Counsel for the appellant intimated to the Court that he had not received complete instructions from the appellant in relation to this matter. He also intimated that while the Record of Appeal was ready, the appellant has not paid his fees in relation to this matter. The Court upon hearing counsel for the appellant’s indications, made the above order. Case Name: David Straker v The Commissioner of Police [BVIMCRAP2020/0006] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Stephen Daniels Respondent: Ms. Kelle-Gai Smith holding papers for Ms. Tiffany Scatliffe, The Direction of Public Prosecutions Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 14th June 2024. 2. The respondent shall file and serve written submissions with authorities on or before 19th July 2024. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2nd August 2024. 5. The appeal will be listed for hearing at a Court of Appeal sitting for the Territory of the Virgin Islands, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant indicated to the Court he had not received a notification from the DPP that the Record of Appeal had been uploaded on the E- Litigation Portal. Under the circumstances, to progress the matter, directions were given for the filing of submissions. Case Name: David Straker v The Commissioner of Police [BVIMCRAP2020/0007] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Directions Appearances: Appellant: Mr. Stephen Daniels Respondent: Ms. Tiffany Scatliffe, The Director of Public Prosecutions Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 14th June 2024. 2. The respondent shall file and serve written submissions with authorities on or before 19th July 2024. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2nd August 2024. 5. The appeal will be listed for hearing at a Court of Appeal sitting for the Territory of the Virgin Islands, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant indicated to the Court he had not received a notification from the DPP that the Record of Appeal had been uploaded on the E- Litigation Portal. Under the circumstances, to progress the matter, directions were given for the filing of submissions. Case Name: Kelly Ann Percival Adjournment v Alimha Beresford [BVIMCVAP2019/0001] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Michael Maduro Respondent: Ms. Stacy Abel Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Territory of the Virgin Islands scheduled for 22nd October 2024, unless a consent order is sooner filed. Reason: The parties intimated to the Court that they were concluding settlement discussions. As a result of the parties’ intimation the Court was of the view that the matter should be adjourned in lieu of further applications to be made. Case Name: Tamara Maduro v Kads Pool Services Limited [BVIMCVAP2022/0003] (Territory of the Virgin Islands) Date: Monday 13th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Adjournment Appellant: Ms Nelcia St. Jean Respondent: Mr. Dion Anselm Issues: Status of the Matter Type of Order Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Territory of the Virgin Islands scheduled for 22nd October 2024 to allow the parties to hold settlement discussions. Reason: While the Notice of Appeal and Record of Appeal have been filed, the appellant intimated to the Court that submissions have not been filed in this matter. The appellant also indicated that it was her wish to enter into settlement discussions with the respondent. The Court upon considering the circumstances was of the view that the matter should be adjourned.

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEOCONFERENCE TERRITORY OF THE VIRGIN ISLANDS Monday 13 th May 2024 Case Name: Sonata Alliance Inc. v Startnet Ltd. [BVIHCMAP2016/0010 (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Mark Wells Respondent: Ms. Coleen Farrington Issues: Status of the Matter Type of Order Adjournment Result/Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing for the Territory of the Virgin Islands scheduled for 22 nd October 2024 to allow counsel for the appellant to take the necessary steps to be removed as counsel on record for the appellant. Reasons: Counsel for the appellant informed the Court that it was their intention that they be removed from the record as the appellant’s legal practitioners. Counsel also informed the Court that a draft notice of discontinuance had been prepared and was sent to the respondent. However, counsel for the respondent called into question the terms of discontinuance, requesting clarification as to the basis these terms were proposed. The Court therefore gave the above order to allow counsel for the parties to clarify any outstanding issues and to ensure service of the finalised notice of discontinuance on the appellant. Case Name: Simon John McNally et al v Carl Stuart Jackson et al [BVIHCMAP2022/0060] [BVIHCMAP2022/0065] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Mr. Andrew Willins Issues: Status of the Matter Type of Order N/A Result / Order: IT IS HEREBY ORDERED THAT: N/A Reason: The Court made a security for costs order against the appellants on 18 th April 2023. However, as at the date of the status hearing, the appellants had not made any payment in satisfaction of the said security for costs order. The matter was therefore struck off and no order was made by the Court. Case Name: Central Shipping Co. Limited v Fortune Bright Global Limited [BVIHCMAP2016/0019] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. John Carrington, KC Respondent: No appearance Issues: Status of the Matter Type of Order Directions Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall cause the transcript of the proceedings to be prepared and served on the parties.

2.The matter is removed from the status hearing list pending the availability of the transcript of proceedings.

3.The matter will be relisted at the next status hearing upon availability of the transcript or on a date to be fixed by the Chief Registrar.

4.The Registrar of the High Court shall serve a copy of this order on the respondent and shall provide proof of service thereafter. Reason: The Court was informed that the transcript of proceedings had not yet been prepared and as such, made the following orders. Case Name: Sylvia Maduro-Dale et al v The Registrar of Lands [BVIHCVAP2010/0022] (Territory of the Virgin Islands) Date: Monday, 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: Ms. Shonice Warner Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

5.Where the parties do not agree all previously filed (paper) pleadings and documents to be uploaded on the E-Litigation Portal, each party shall proceed to file their previously filed paper pleadings and documents and upload the same as an “additional volume” on the E-Portal within 21 days.

6.The Court office shall verify and reconcile the abovementioned “additional volume” with the Courts records.

7.There is no order as to costs.

8.The appellant shall file and serve written submissions with authorities on or before 24 th June 2024.

9.The respondent shall file and serve written submissions with authorities on or before 26 th July 2024.

10.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 12 th August 2024.

11.The appeal will be listed for hearing at a Court of Appeal sitting for the Territory of the Virgin Islands, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court gave the above directions for the progression of the appeal. Case Name: The Commissioner of Police v Nickel Simon et al [BVIMCRAP2022/0001] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Ms Kellee-Gai Smith Respondent: No appearance Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next status hearing of the court for the Territory of the Virgin Islands scheduled for 22 nd October 2024, to allow the respondent to take whatever steps it deems necessary in relation to the appeal.

2.The Registrar of the High Court shall serve a copy of this order on the appellants by publication of this order in 2 copies of a newspaper in the Territory of the Virgin Islands, and shall provide proof of publication thereafter. Reason: The Court gave the above directions to progress the matter to a state of readiness for appeal. Case Name: Earl Hodge v The Commissioner of Police et al [BVIHCVAP2015/0010] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: Ms Nicosie Dummett Issues: Status of the Matter Type of Order N/A Result / Order: IT IS HEREBY ORDERED THAT: Upon noting the application filed by the respondent on 9 th May 2024 to strike out the application for leave appeal filed on 8 th July 2015, the matter is removed from the status hearing list pending the determination of the application. Reason: The Court was informed that the appellant was deceased and that the respondent filed an application to strike out the application for leave appeal on 9 th May 2024, supported by an affidavit. The Court taking those circumstances into consideration made the above order. Case Name: Andrey Titarenko v Arabella Di Iorio [BVIHCVAP2021/0003] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: In person Respondent: In person Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall provide the parties with an update on the transcript of proceedings in this matter on or before 31 st May 2024.

2.The matter is adjourned to the next status hearing of the Court for the Territory of the Virgin Islands scheduled for 22 nd October 2024. Reason: The Court was informed by the respondent that the appellant, Mr. Titarenko had not paid the costs which was ordered in the court below on 4 th December 2021. The respondent also asked that Mr. Titarenko make this payment as there was no stay. The Court in order to progress the matter made the above order. Case Name: Global Ocean Transport Inc. v Dwight Flax et al [BVIHCVAP2017/0006] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next status hearing of the court of appeal for the Territory of the Virgin Islands scheduled for 22 nd October 2024, to allow the appellant to indicate whether it is still interested in prosecuting the appeal.

2.The Registrar of the High Court shall serve a copy of this order on the parties and shall provide proof of service thereafter. Reason: Due to the non-appearance of both counsel for the appellant and the respondent and it being the first time the matter was hearing at Status Hearing the Court made the above order. Case Name: Jessroy McKelly v The King [BVIHCRAP2014/0002] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Michael Maduro Respondent: Ms. Tiffany Scatliffe, The Director of Public Prosecutions Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The claim filed with the Registry of the Supreme Court bearing the appeal number BVIHCRAP2014/0002 shall be migrated onto the E-Litigation Portal.

2.The appellant shall upload this order to the E-Litigation Portal, at which time the new appeal number will be generated.

3.All subsequent pleadings, documents and proceedings in this cause shall be filed with the Registry of the Supreme Court via the E-Litigation Portal.

4.The parties shall agree all previously filed (paper) pleadings and documents and upload the same as an “additional volume” on the E-Litigation Portal within 21 days of the date of this order.

1.The appellant shall file and serve written submissions with authorities on or before 16 th June, 2023.

2.The respondent shall file and serve written submissions with authorities on or before 17 th July 2023.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 1 st August, 2023.

4.The appeal is fixed for hearing at the next sitting of the Court of Appeal for the Commonwealth of Dominica scheduled for the week commencing 4 th December 2023.

5.The Registrar of the High Court shall serve a copy of this order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that transcript of proceedings was outstanding. As such the Court gave the above directions to progress the appeal. Case Name: Korrey Stout v The Commissioner of Police [BVIMCRAP2023/0004] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Stephen Daniels Respondent: Ms Tiffany Scatliffe, The Director of Public Prosecutions holding papers for Ms. Khadija Beddeau Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The Senior Magistrate shall cause the Record of Appeal including the Notes of evidence and reasons for decision to be prepared and served on the parties.

2.The matter is adjourned to the next status hearing of the court in the Territory of the Virgin Islands scheduled for 22 nd October 2024.

3.The Registrar of the High Court is directed to serve a copy of this order on the parties and to provide proof of service thereafter. Reason: The Court noted that the Record of Appeal and transcript of proceedings were outstanding. As such the Court gave the above directions to progress the appeal. Case Name: Jaime Scatliffe v The Commissioner of Police [BVIMCRAP2020/0008] [BVIMCRAP2020/0009] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John Theobalds, The Chief Registrar Appearances: Appellant: Mr. Michael Maduro Respondent: Ms Kelle -Gai Smith Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before, 19 th July 2024.

2.The respondent shall file and serve written submissions with authorities on or before 16 th August 2024.

3.The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 30 th August, 2024

4.The appeal will be listed for hearing at a Court of Appeal sitting for the Territory of the Virgin Islands, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant intimated to the Court that the appellant had medical family emergencies which had delayed the matter. Due to those circumstances the Court gave the above directions to progress the appeal. Case Name: Ricardo Leonard v The Commissioner of Police [BVIMCRAP2020/0003] [BVIMCRAP2020/0004] [BVIMCRAP2020/0005] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Stephen Daniels Respondent: Ms. Kellee-Gai Smith Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT:

1.The matter is adjourned to the next status hearing for the Territory of the Virgin Islands scheduled for 22 nd October 2024 to allow the appellant to be present personally to indicate whether he is still interested in prosecuting his appeal.

2.The Registrar of the High Court shall serve a copy of this order on the appellant personally and shall provide proof of service thereafter. Reason: Counsel for the appellant intimated to the Court that he had not received complete instructions from the appellant in relation to this matter. He also intimated that while the Record of Appeal was ready, the appellant has not paid his fees in relation to this matter. The Court upon hearing counsel for the appellant’s indications, made the above order. Case Name: David Straker v The Commissioner of Police [BVIMCRAP2020/0006] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Stephen Daniels Respondent: Ms. Kelle-Gai Smith holding papers for Ms. Tiffany Scatliffe, The Direction of Public Prosecutions Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 14 th June 2024.

2.The respondent shall file and serve written submissions with authorities on or before 19 th July 2024. 3 The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2 nd August 2024.

5.The appeal will be listed for hearing at a Court of Appeal sitting for the Territory of the Virgin Islands, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant indicated to the Court he had not received a notification from the DPP that the Record of Appeal had been uploaded on the E-Litigation Portal. Under the circumstances, to progress the matter, directions were given for the filing of submissions. Case Name: David Straker v The Commissioner of Police [BVIMCRAP2020/0007] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Stephen Daniels Respondent: Ms. Tiffany Scatliffe, The Director of Public Prosecutions Issues: Status of the Matter Type of Order Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 14 th June 2024.

2.The respondent shall file and serve written submissions with authorities on or before 19 th July 2024. 3 The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 2 nd August 2024.

5.The appeal will be listed for hearing at a Court of Appeal sitting for the Territory of the Virgin Islands, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: Counsel for the appellant indicated to the Court he had not received a notification from the DPP that the Record of Appeal had been uploaded on the E-Litigation Portal. Under the circumstances, to progress the matter, directions were given for the filing of submissions. Case Name: Kelly Ann Percival v Alimha Beresford [BVIMCVAP2019/0001] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Mr. Michael Maduro Respondent: Ms. Stacy Abel Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Territory of the Virgin Islands scheduled for 22 nd October 2024, unless a consent order is sooner filed. Reason: The parties intimated to the Court that they were concluding settlement discussions. As a result of the parties’ intimation the Court was of the view that the matter should be adjourned in lieu of further applications to be made. Case Name: Tamara Maduro v Kads Pool Services Limited [BVIMCVAP2022/0003] (Territory of the Virgin Islands) Date: Monday 13 th May 2024 Coram: Mrs. Michelle John-Theobalds, The Chief Registrar Appearances: Appellant: Ms Nelcia St. Jean Respondent: Mr. Dion Anselm Issues: Status of the Matter Type of Order Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Territory of the Virgin Islands scheduled for 22 nd October 2024 to allow the parties to hold settlement discussions. Reason: While the Notice of Appeal and Record of Appeal have been filed, the appellant intimated to the Court that submissions have not been filed in this matter. The appellant also indicated that it was her wish to enter into settlement discussions with the respondent. The Court upon considering the circumstances was of the view that the matter should be adjourned.