Judgment
Annette Diane Eden Andrade v Patrice Leanne Frederick - Judgment
[2025] CIGC (Civil) 26
· G 0026/2014 · 2021-02-02
Statutory Interpretation - Presumption against Implied Repeal - Rule in Pepper v Hart - even if conditions of admissibility met, court must be wary of being too ready to give effect to what was said by sponsor of Bill - English Limitations Act of 1623 (21 James I, Cap 16) - Limitation period for personal injury claims in Insurance Vehicle (Third Party Risks) Law (2012 Revision) - bar of claims against the insured after three years not impliedly repealed by Limitation Law - decisions of court of co-ordinate jurisdiction not to be followed if per incuriam.
Full metadata
| Neutral Citation | [2025] CIGC (Civil) 26 |
|---|---|
| Cause Number | G 0026/2014 |
| Court | CIGC (Civ) |
| Judge | Ramsay-Hale J |
| Parties | Annette Diane Eden Andrade v Patrice Leanne Frederick - Judgment |
| Judgment Date | 2021-02-02 |
| Subject | Statutory Interpretation - Presumption against Implied Repeal - Rule in Pepper v Hart - even if conditions of admissibility met, court must be wary of being too ready to give effect to what was said by sponsor of Bill - English Limitations Act of 1623 (21 James I, Cap 16) - Limitation period for personal injury claims in Insurance Vehicle (Third Party Risks) Law (2012 Revision) - bar of claims against the insured after three years not impliedly repealed by Limitation Law - decisions of court of co-ordinate jurisdiction not to be followed if per incuriam. |
| Filename (current) | 21-02-02-Annette-Andrade-v-Patrice-Frederick.pdf |
Legislation cited
| Statute | Sections cited | Mentions |
|---|---|---|
| Limitation Act | 13, 13(5), 16 (2), 39, 44(1) | 28 |
| Insurance Act | 17, 4 | 16 |
| Vehicle Insurance (Third Party Risk) Act | 17 | 9 |
| Estate Proceedings Act | 2, 5 | 5 |
| Torts (Reform) Act | — | 4 |
| Motor Vehicle Insurance (Third Party Risk) Regulations (subordinate) | — | 1 |
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