Attorney General v Lord and Allen

• Jurisdiction: Bermuda
• Judgment Date: 09 August 1988
• Date: 09 August 1988
• Docket Number: Civil Jurisdiction 1987 No. 97
• Court: Supreme Court (Bermuda)

In the Supreme Court of Bermuda

L.A. Ward

Civil Jurisdiction 1987 No. 97

The Attorney General

Plaintiff

and

Catherine Suzanne Lord

1st Defendant

and

Sandra Winifred Lovette Allen

2nd Defendant

Mr. B. Meade for the Plaintiff

Mr. D. Lord for the 1st and 2nd Defendants

First National Securities Ltd v JonesUNK [1978] 2 All ER 221

TCB Ltd v GrayUNK [1986] 1 All ER 587

R B Policies at Lloyds v ButlerUNK [1949] 2 All ER 226

Isaacs & Sons v Salbstein (1916-17) All ER Rep 386

King v HoareENR (1844) 153 ER 206

Lechmere v FlecherENR (1883) 149 ER 549

Limitation Act 1782

Limitation Act 1984

Preliminary point of law — Scholarship conditional upon serving as teacher following education — Agreement not sealed — Whether enforceable — Whether claim is statute barred

Ruling

By Summons of 18th April 1988 the defendants sought an Order for the trial of a Preliminary Point of Law as defined by the parties and dated 6th April 1988. At the hearing on the 5th July 1988 an amendment was made to paragraph 1 of the Preliminary Point of Law.

On the 26th July 1974 Alphonso Blackett, Catherine Susan Minors and Sandra Winifred Lovett Allen executed an Agreement in the form of a Bond as follows:—

‘KNOW ALL MEN BY THESE PRESENTS THAT we ALPHONSO BLACKETT of Warwick Parish in the Islands of Bermuda and CATHERINE SUSAN MINORS of Warwick Parish in the said Islands and SANDRA WINIFRED LOVETT ALLEN of Paget Parish in the said Islands are jointly and severally held and firmly bound to our Sovereign Lady QUEEN ELIZABETH THE SECOND her heirs assigns and successors in the sum of SIX THOUSAND DOLLARS ($6,000) or such amount of aid as shall be expended on ALPHONSO BLACKETT of good and lawful money of Bermuda to be paid to our said lady the Queen her heirs assigns and successors to which payment we bind ourselves and each of us and each of our heirs executors and administrators firmly by these presents sealed with our seals and dated the TWENTY-SIXTH day of JULY One Thousand nine hundred and SEVENTY-FOUR THE CONDITION of the above obligation is such that if the above bounden ALPHONSO BLACKETT of WARWICK PARISH in the Islands of Bermuda who has been appointed to a scholarship by the Board of Education of the said Islands tenable for THREE year(s), shall make every reasonable effort to fulfill the conditions of the said scholarship and shall on the expiration of the said scholarship serve for such period not exceeding three years as may be required by the said Board as a teacher in a school in the said Islands to be approved by the said Board and if the said ALPHONO (sic) BLACKETT of WARWICK PARISH shall in every respect serve as aforementioned then the...