1/22/2021
START DATE
END DATE
3-Sep-21
Gayle Ventures v Clarien Bank Ltd.
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Court of Appeal (Civil Division) on appeal from Supreme Court of Bermuda
Civil Law Banking and Finance
THE PRESIDENT SIR CHRISTOPHER CLARKE JUSTICE OF APPEAL SIR MAURICE KAY JUSTICE OF APPEAL GEOFFREY BELL
Mr Cameron Hill (Westwater Hill & Co.)
Mr Benjamin McCosker (Walkers (Bermuda) Limited)
FACTS OF THE CASE:
Gayle Ventures took a loan from First Bermuda Group Limited secured by a mortgage which was later assigned to Clarien Bank. Ventures ceased payments leading to legal action by Clarien to enforce the loan and mortgage. Ventures appealed against the enforcement but failed to comply with procedural requirements leading to the dismissal of the appeal.
SUMMARY:
Loan enforcement mortgage validity and procedural compliance for appeal
OUTCOMES:
Dismissal of appeal enforcement of loan and mortgage
RULED IN FAVOUR OF:
Defendant (Clarien Bank Limited)
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Gayle Ventures v Clarien Bank Ltd.
Gayle Ventures took a loan from First Bermuda Group Limited secured by a mortgage which was later assigned to Clarien Bank. Ventures ceased payments leading to legal action by Clarien to enforce the loan and mortgage. Ventures appealed against the enforcement but failed to comply with procedural requirements leading to the dismissal of the appeal.