Professional Documents
Culture Documents
The Body
1. Structure of Analysis
2. Language & Style
The Conclusion
1. The Order
The Closing
1. Signature
EASTERN CARIBBEAN SUPREME COURT
IN THE HIGH COURT
TERRITORY OF THE VIRGIN ISLANDS
BVIMCRAP2012/0029
BETWEEN:
CHARLIE BROWN.
Claimant
and
SCOOBY DOO
Defendant
Appearances:
Ms. Minnie Mouse for the Claimant
Mr. Daffy Duck for the Defendant
____________________________________
2012: January 16
2013: May 9.
____________________________________
Catch Phrases
These contain the areas of law dealt with in the
judgment and the main legislation or rules relied
on.
It does 3 things:
1. It tells WHO (Allegedly) did WHAT to WHOM
(Or who’s Arguing about what) before
anyone instituted court proceedings.
“[1] If you should go to Virgin Gorda in the Territory of the
Virgin Islands one day soon you may visit the area of the
serene Pond Bay. There you may chance to espy a
seemingly splendid villa with cascading pools and breathtaking
views of the tranquil waters of the bay. However, all is not as it
seems as this villa, designed by an award-winning American
architect, is the bone of contention in this lawsuit. The contractor
claimant, Yates Associates Ltd., ("Yates") claims $354,148.56 being
sums allegedly due under a contract with the Defendant, Blue
Sand Investments Ltd, ("Blue Sand") to build this villa. Blue Sand
refutes that claim and counterclaims for sums in excess of 1.3
million dollars as damages for the costs of remedial works and
loss of rental income on this palatial residence.”
It sets out the issues to be decided in the order
which they should be decided.
“[2] The main issues for determination are: 1)whether Yates is
entitled to recover from Blue Sand the sum of $260,837.38
in respect of Certificate No. 13 for work done under the
contract or on a quantum meruit basis for work done ; 2)
whether Yates is entitled to be paid $98,311.20 for the
retention monies; 3) whether Blue Sand is entitled to set
off against any sums found to be due and owing to Yates
monies allegedly overpaid to Yates ($163,627.76) under
Certificate No. 13; 4) whether Yates is liable in damages to
Blue Sand for the sum of $1,104,747.37 for the costs of
remedying defective construction works, 5) whether Yates
is liable to Blue Sand for loss of rental income of
$90,160.00, and 6) whether interest at a commercial rate
is payable on any sum found to be due and owing.
It omits details that have no relevance to any of
the issues at that time. e.g. names, dates,
procedural history, citation of laws or
precedents.
In this case the opening didn’t state:
1. The full names of the parties
2. The date the contract was made,
3. The specifics of the contract,
4. The laws which are applicable,
5. Any further details of the transaction.
Basic Structure of analysis –
(i) State the facts of the case i.e. tell the
story!
(ii) State the legal position of the Claimant;
(iii) State the legal position of the
Defendant;
(iv) Apply the law to the facts to state
the court’s position with reasons.
(to be dealt with later)
The above should be done making reference to the
evidence, both oral and documentary.
The Logic
One side will allege certain facts in the context of a
controlling law, or principle, or standard, and the other
side will either dispute the facts, or argue that the
wrong law has been cited, or that the right law been
misinterpreted.
When several issues are involved, each must be
resolved with the same logic: certain facts considered
in the context of a particular law, lead to an ineluctable
conclusion.
Findings on each of the points should be recorded
in such a manner that they remain cohesive and
linked to each other.
F for facts;
L for law;
A for application, and
C for conclusion.
Karyn
Peter
Magistrate
Eagil Trust Co v Pigott-Brown
[1985] 3 All ER 119
CA held that a judge must give reasons for
his/her decision, although these reasons
need not be elaborate and the particularity
required will vary according to the
circumstances of the case. It is sufficient if
what the judge says shows the parties and, if
need be, the Court of Appeal, the basis on
which he/she has acted.
English v Emery Reinhold &
Strike Ltd [2002] 1 WLR 2409
◦ “[16] We would put the matter at its
simplest by saying that justice will
not be done if it is not apparent to
the parties why one has won and
the other has lost.”
In some islands this is a statutory requirement ;
Antigua and Barbuda; Section 172 (2) Magistrate’s Code of Procedure
Act. Cap 255
“(2) The Magistrate shall also transmit to the Deputy Registrar of the Court
of Appeal with the papers relating to such appeal a memorandum of the
reasons for the decision.”
“The Magistrate shall record the reasons for the judgment in writing and
sign at the time of pronouncing the judgment and within 14 days of the
pronouncement of the judgment appealed against shall cause the reasons
to be transmitted to the Registrar of the High Court and they shall be
included in and form part of the record of appeal.”
Case: Graham & Another v The Police (2010) 79 WIR 288- Court of Appeal
of The Eastern Caribbean States
Grenada; Section 15 (3) Magistrates’ Judgments (Appeals) Act, Cap 178
“(3) The Magistrate shall also transmit with the copy of the proceedings a
concise memorandum of the reasons for the judgement. Such
memorandum shall be included in, and form part of, the record of the
appeal.”
Montserrat; Section 112 (1) Magistrate’s Court Act, Cap 2:02
S.169 After an appellant has served on the magistrate a notice of his or her
intention to appeal and entered into a recognisance or given security to
prosecute such appeal, the magistrate shall within ten days of the service
of the notice of appeal, transmit to the registrar of the Court of Appeal a
copy of the proceedings and all papers relating to the appeal together with
a concise memorandum of his or her reasons for decision.
St Vincent and the Grenadines; Section 109 (3)Criminal Procedure Code
NB: Casanki applied Aqui v Pooran Maharaj (1981) 34 W.I.R 282 (Aqui was
from the Court of Appeal of Trinidad & Tobago and it considered where
statute did not expressly provide for a Magistrate to give reasons) &
English v Emery Reimbold & Strick Ltd; DJ & C Withers (Farms) Ltd v Ambic
Equipment Ltd; Verrechia (Trading as Freightmasters Commercials) v
Commisioner of Police of Metropolis (2002) 3 All E.R 385 (CA)
St. Lucia; Section 722 (1) of the Criminal Code Cap 3.01
“ The appellant shall within seven days after the day on which he
served notice of his intention to appeal, enter into a recognizance
before a Magistrate with one or more sufficient sureties as the
magistrate may direct conditioned to appear before the Court of
Appeal and to prosecute the appeal and to appear before the Court
of Appeal and to pay such costs as may be awarded by the said
court, or if the Magistrate thinks it expedient the appellant may
instead of payment of money into court or otherwise as the
Magistrate deems sufficient, except in cases where a sentence
imposed involves the payment of a fine, such recognizance or
security shall be in a sum not less than the amount of the fine; and
the Magistrate shall without delay transmit to the registrar of the
Court of Appeal all papers relating to such appeal together with a
concise memorandum of the reasons for his decision.”
SHANE GRAHAM, RAY JNO. BAPTISTE v THE POLICE;
DOM MCRAP 2010/009