Todd v Smith; Todd v Burgess

• Jurisdiction: Bermuda
• Judgment Date: 20 January 1994
• Date: 20 January 1994
• Docket Number: Civil Appeal No. 16 of 1993
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

In the Court of Appeal for Bermuda

In the Court of Appeal for Bermuda

Roberts P.

da Costa J.A.

Henry J.A.

Roberts P.

da Costa J.A.

Henry J.A.

Roberts P.

da Costa, J.A.

Henry, J.A.

Civil Appeal No. 16 of 1993

Civil Appeal No. 17 of 1993

Civil Appeal No. 16 of 1993

Civil Appeal No 17 of 1993

Arnold J. Todd JR.

Appellant

and

Merkell Cavon Devent Smith

Respondent

Arnold J. Todd JR.

Appellant

and

Derrick Vaughn Burgess

Respondent

BETWEEN

Arnold J. Todd JR.

Appellant

and

Merkell Cavon Devent Smith

Respondent

and

BETWEEN

Arnold J. Todd JR.

Appellant

and

Derrick Vaughn Burgess

Respondent

Mr. K. White (Messrs Cox & Wilkinson) for the Appellant.

Mr. J. Pachai (Messrs Appleby, Spurling & Kempe) for the Respondent.

Mr. K. White (Messrs Cox & Wilkinson) for the Appellant.

Mr. J. Pachai (Messrs Appleby, Spurling & Kempe) for the Respondent.

Mr. Riihiluoma for the Appellant.

Mr. Pachai for the Respondent.

Selwyn v SmithELR [1914] 3 KB 98

The Tasmania (1890) 15 AC 223

Wells v AbrahamELR (1872) LR 7 QB 554

Civil action based up criminal act — Right to pursue civil action before criminal prosecution — Distinction between felony and misdemeanor — Application to stay claims refused by Supreme Court judge — Appeal against decision of Supreme Court judge

JUDGMENT

Appeal allowed. No order as to costs. Reasons later.

Sir Denys Roberts P.

JUDGMENT

Appeal allowed. No order as to costs. Reasons later.

Sir Danys Roberts P.

REASONS FOR JUDGEMENT

These two appeals although not consolidated by formal order were argued together as they both raise the identical point of law. They both arise out of the activities of Mr. Todd, the appellant while he was employed by the Bank of Bermuda.

On the 3rd November 1993 we allowed the appeals but made no order as to costs in view of the fact that the appeals succeeded on a point that was not argued in the Court below. We intimated that we would, in due course, give our reasons in writing and we now do so.

The factual background so far as material, can be stated quite shortly.

Until December 1990 Mr. Todd was employed by the Bank of Bermuda Limited as the Bank's Manager of Personal Banking with responsibility for the Bank's Credit Department. In December of the same year the Bank commenced an investigation into certain alleged irregularities in respect of Mr. Todd's lending practices in dealing with customers of the Bank.

In March 1991 the Bank made a complaint to the Police in connection with Mr.Todd's alleged irregular lending practices. This complaint eventually led to a search warrant being executed on Mr.Todd's residence in April 1991. Since then it appears that the Police have been continuing their investigation into the lending practices of Mr.Todd at the Bank; their...