November 18th, 2008

CHAMBER HEARING Tuesday 18th November, 2008 CORAM The Hon. Ms. Ola Mae Edwards, Justice of Appeal (Ag.) SAINT LUCIA Case Name Felicite Castang v Florus Joseph [Civil Appeal No. 8 of 2001] Appearances: Respondent/ Applicant: Mr. Kenneth Monplaisir with Mr. Patrick Straughn Appellant/ Respondent: No appearance Issue: Application for Directions Result: It was directed that:

1.The matter is adjourned to 8th December, 2008.

2.The Notice of Hearing for the adjourned date is to be served on the Appellant on or before 21st November, 2008 and the affidavit of service is to be filed and served on or before 25th November, 2008.

3.The Appellant shall attend in person or by her legal representative on 8th December, 2008 to inform the Court of the status of this appeal. Reason: To allow the Notice of Hearing to be served on the Appellant/Respondent. Case Name Wilton E. Bleasdille v OECS [Civil Appeal No. 27 of 2008] Appearances: Applicant/ Respondent: Mr. Mark Maragh with Mrs. Turkessa Antoine Respondent/ Appellant: Mr. Christopher Malcolm with Ms. Eldonna Lendor Issue: Application to strike out appeal Result: It was directed that: 1. The application to strike out appeal is adjourned for hearing on 16th December, 2008; 2. The Respondent/Wilton E. Bleasdille to file an affidavit in response on or before 21st November, 2008. 3. The application for leave to appeal filed on 17th November, 2008 is set down on 16th December, 2008.

4.The Respondent/OECS is to file and serve any affidavit in response to that application on or before 28th November, 2008.

5.The Respondent/OECS is to file and serve skeleton arguments addressing both applications on or before 28th November, 2008.

6.The Appellant/Wilton E. Bleasdille is to file and serve skeleton arguments on or before 5th December, 2008 addressing both applications.

7.The question of costs is reserved to the hearing. Reason: ANTIGUA AND BARBUDA Case Name Hilroy Nathaniel v The Queen [Criminal Appeal No. 18 of 2008] On paper: Appellant/ Applicant: Mr. Steadroy Benjamin Respondent: The Director of Public Prosecutions Issue: Application for Bail pending appeal Result: It was directed that: 1. The application for bail pending appeal filed on 21st October, 2008 is adjourned to the sitting in Antigua & Barbuda on 25th November, 2008 for hearing by the Full Court. 2. The Applicant is to file and serve an affidavit of service on or before 20th November, 2008. 3. The Applicant is to file and serve skeleton arguments in support of the application in compliance with Practice Direction No. 3 of 2008 PD3(a) on or before 20th November, 2008. 4. The Director of Public Prosecutions to file and serve a notice indicating whether the application is opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b)(ii) on or before 21st November, 2008 along with skeleton arguments if it is opposed. Reason: Case Name Ahmed Williams v The Queen [Criminal Appeal No. 21 of 2008] On paper: Appellant/ Applicant: Mr. Steadroy Benjamin Respondent: The Director of Public Prosecutions Issue: Application for Bail pending appeal Result: It was directed that: 1. The application for bail pending appeal filed on 14th October, 2008 is adjourned to the sitting in Antigua & Barbuda on 25th November, 2008 for hearing by the Full Court. 2. The Applicant is to file and serve skeleton arguments in support of the application in compliance with Practice Direction No. 3 of 2008 PD3(a) on or before 20th November, 2008. 3. The Director of Public Prosecutions to file and serve a notice indicating whether the application is opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b)(ii) on or before 21st November, 2008 along with skeleton arguments if it is opposed. Reason: COMMONWEA LTH OF DOMINICA Case Name Felixia Colaire et al v Augustus Samuel Colaire [Civil Appeal No. 12 of 2008] On paper: Applicant: Defreitas, Defreitas & Bacon Respondent: Dyer & Dyer Issue: Application for extension of time for leave to appeal Result: It was directed that: 1. The matter is adjourned for hearing in the Commonwealth of Dominica at the sitting scheduled for the week of 1st to 5th December, 2008. 2. The Respondent shall file a notice indicating whether the application is being opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b) (ii) on or before 27th November, 2008 along with an affidavit in opposition where necessary, and skeleton arguments if it is being opposed. Reason: BRITISH VIRGIN ISLANDS Case Name The Attorney General of the Virgin Islands v Daphnie Alves [Civil Appeal No. 20 of 2008] On paper: Appellant: Mr. Baba Aziz Respondent: Mr. John Carrington Issue: Applications for leave to appeal and stay of execution Result: It was directed that: 1. The application is adjourned to 16th December, 2008. 2. The Applicant shall file and serve the transcript exhibit AGV3 and affidavit of service on or before 28th November, 2008 evidencing that the Respondent has been served with a copy of the application and supporting affidavits and exhibits. 3. The Applicant shall file and serve skeleton arguments in support of the application in compliance with Practice Direction No. 3 of 2008 PD3 (a) on or before 1st December, 2008. 4. The Respondent shall file a notice indicating whether the application is opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b) (ii) on or before 5th December, 2008 along with any opposing affidavit and skeleton arguments if it is being opposed. 5. Further proceedings in Claim BVIHC 2007/306 are stayed pending the determination of the application for leave to appeal. Reason: SAINT CHRISTOPHER AND NEVIS Case Name Charles De Barbier et al v Roland Leduc [Civil Appeal No. 10 of 2008] On paper: Appellants: Daniel, Brantley & Associates Respondent: Butler, Butler & Butler Issue: Application for extension of time to file notice of appeal Result: It was directed that: 1. The matter is adjourned for further case management by Edwards, JA [Ag.] on the 8th Day of December, 2008 for the Applicants to file and serve on or before 28th November, 2008 pursuant to CPR 62.5 (c): a) a copy of the order and/or oral judgment that was served on them; and b) an affidavit explaining whether or not the oral judgment or order was served on them and the details of such service. 2. The Respondent to file a notice indicating whether the application is being opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b) (ii) on or before 28th November, 2008 along with an affidavit in opposition where necessary, and skeleton arguments if it is being opposed.

Reason:

CHAMBER HEARING Tuesday 18th November, 2008 CORAM The Hon. Ms. Ola Mae Edwards, Justice of Appeal (Ag.) SAINT LUCIA Case Name Felicite Castang v Florus Joseph [Civil Appeal No. 8 of 2001] Appearances: Respondent/ Applicant: Mr. Kenneth Monplaisir with Mr. Patrick Straughn Appellant/ Respondent: No appearance Issue: Application for Directions Result: It was directed that:

1.The matter is adjourned to 8th December, 2008.

2.The Notice of Hearing for the adjourned date is to be served on the Appellant on or before 21st November, 2008 and the affidavit of service is to be filed and served on or before 25th November, 2008.

3.The Appellant shall attend in person or by her legal representative on 8th December, 2008 to inform the Court of the status of this appeal. Reason: To allow the Notice of Hearing to be served on the Appellant/Respondent. Case Name Wilton E. Bleasdille v OECS [Civil Appeal No. 27 of 2008] Appearances: Applicant/ Respondent: Mr. Mark Maragh with Mrs. Turkessa Antoine Respondent/ Appellant: Mr. Christopher Malcolm with Ms. Eldonna Lendor Issue: Application to strike out appeal Result: It was directed that:

4.The Respondent/OECS is to file and serve any affidavit in response to that application on or before 28th November, 2008.

5.The Respondent/OECS is to file and serve skeleton arguments addressing both applications on or before 28th November, 2008.

6.The Appellant/Wilton E. Bleasdille is to file and serve skeleton arguments on or before 5th December, 2008 addressing both applications.

7.The question of costs is reserved to the hearing. Reason: ANTIGUA AND BARBUDA Case Name Hilroy Nathaniel v The Queen [Criminal Appeal No. 18 of 2008] On paper: Appellant/ Applicant: Mr. Steadroy Benjamin Respondent: The Director of Public Prosecutions Issue: Application for Bail pending appeal Result: It was directed that:

1.The application to strike out appeal is adjourned for hearing on 16th December, 2008;

2.The Respondent/Wilton E. Bleasdille to file an affidavit in response on or before 21st November, 2008.

3.The application for leave to appeal filed on 17th November, 2008 is set down on 16th December, 2008.

1.The application for bail pending appeal filed on 21st October, 2008 is adjourned to the sitting in Antigua & Barbuda on 25th November, 2008 for hearing by the Full Court.

2.The Applicant is to file and serve an affidavit of service on or before 20th November, 2008.

3.The Applicant is to file and serve skeleton arguments in support of the application in compliance with Practice Direction No. 3 of 2008 PD3(a) on or before 20th November, 2008.

4.The Director of Public Prosecutions to file and serve a notice indicating whether the application is opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b)(ii) on or before 21st November, 2008 along with skeleton arguments if it is opposed.Reason: Case Name Ahmed Williams v The Queen [Criminal Appeal No. 21 of 2008] On paper: Appellant/ Applicant: Mr. Steadroy Benjamin Respondent: The Director of Public Prosecutions Issue: Application for Bail pending appeal Result: It was directed that:

1.The application for bail pending appeal filed on 14th October, 2008 is adjourned to the sitting in Antigua & Barbuda on 25th November, 2008 for hearing by the Full Court.

2.The Applicant is to file and serve skeleton arguments in support of the application in compliance with Practice Direction No. 3 of 2008 PD3(a) on or before 20th November, 2008.

3.The Director of Public Prosecutions to file and serve a notice indicating whether the application is opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b)(ii) on or before 21st November, 2008 along with skeleton arguments if it is opposed. Reason: COMMONWEA LTH OF DOMINICA Case Name Felixia Colaire et al v Augustus Samuel Colaire [Civil Appeal No. 12 of 2008] On paper: Applicant: Defreitas, Defreitas & Bacon Respondent: Dyer & Dyer Issue: Application for extension of time for leave to appeal Result: It was directed that:

1.The matter is adjourned for hearing in the Commonwealth of Dominica at the sitting scheduled for the week of 1st to 5th December, 2008.

2.The Respondent shall file a notice indicating whether the application is being opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b) (ii) on or before 27th November, 2008 along with an affidavit in opposition where necessary, and skeleton arguments if it is being opposed. Reason: BRITISH VIRGIN ISLANDS Case Name The Attorney General of the Virgin Islands v Daphnie Alves [Civil Appeal No. 20 of 2008] On paper: Appellant: Mr. Baba Aziz Respondent: Mr. John Carrington Issue: Applications for leave to appeal and stay of execution Result: It was directed that:

1.The application is adjourned to 16th December, 2008.

2.The Applicant shall file and serve the transcript exhibit AGV3 and affidavit of service on or before 28th November, 2008 evidencing that the Respondent has been served with a copy of the application and supporting affidavits and exhibits.

3.The Applicant shall file and serve skeleton arguments in support of the application in compliance with Practice Direction No. 3 of 2008 PD3 (a) on or before 1st December, 2008.

4.The Respondent shall file a notice indicating whether the application is opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b) (ii) on or before 5th December, 2008 along with any opposing affidavit and skeleton arguments if it is being opposed.

5.Further proceedings in Claim BVIHC 2007/306 are stayed pending the determination of the application for leave to appeal. Reason: SAINT CHRISTOPHER AND NEVIS Case Name Charles De Barbier et al v Roland Leduc [Civil Appeal No. 10 of 2008] On paper: Appellants: Daniel, Brantley & Associates Respondent: Butler, Butler & Butler Issue: Application for extension of time to file notice of appeal Result: It was directed that:

1.The matter is adjourned for further case management by Edwards, JA [Ag.] on the 8th Day of December, 2008 for the Applicants to file and serve on or before 28th November, 2008 pursuant to CPR 62.5 (c): a) a copy of the order and/or oral judgment that was served on them; and b) an affidavit explaining whether or not the oral judgment or order was served on them and the details of such service.

2.The Respondent to file a notice indicating whether the application is being opposed in compliance with Practice Direction No. 2 of 2008 PD2 (b) (ii) on or before 28th November, 2008 along with an affidavit in opposition where necessary, and skeleton arguments if it is being opposed. Reason: