5/7/2008
START DATE
END DATE
21-May-08
Simmons et al. v. A. Frith Cartwright et al.
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
Kawaley J
John Riihiluoma (Appleby) for the Plaintiffs
Ben Adamson (Conyers Dill & Pearman) for the Defendants
FACTS OF THE CASE:
Dispute over equitable interest in land willed by step-mother based on oral agreement and estoppel
SUMMARY:
Whether claims are time-barred application of Limitation Act sections
OUTCOMES:
Claimants' legal and equitable ownership claims for specific enforcement of an agreement and for a declaration rejected due to issues with enforceability and legal standing. Equitable compensatory claims allowed to proceed despite significant delay due to emotional significance and absence of direct financial risk to defendants
RULED IN FAVOUR OF:
Defendants
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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