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Judgment

Magdalyn Burlington v Butterfield Bank (Cayman) Ltd and McAlpine Ltd - Ruling

G 0139/2017 · 2019-08-26

Civil Practice and Procedure; Application by Defendant for Leave to Issue Third Party Notice; Whether the Dispute Resolution Procedure and Arbitration Clause Applicable; Application by Plaintiff to add proposed third party as a Defendant instead; Application for leave to issue third party notice; whether arbitration clause and dispute resolution procedure in construction contract applied to post-construction tort claims; limitation period; addition of third party as defendant; indemnity and contribution under construction contract

Full metadata
Cause Number G 0139/2017
Court CIGC (Civ)
Judge Mangatal J
Parties Magdalyn Burlington v Butterfield Bank (Cayman) Ltd and McAlpine Ltd - Ruling
Judgment Date 2019-08-26
Subject Civil Practice and Procedure; Application by Defendant for Leave to Issue Third Party Notice; Whether the Dispute Resolution Procedure and Arbitration Clause Applicable; Application by Plaintiff to add proposed third party as a Defendant instead; Application for leave to issue third party notice; whether arbitration clause and dispute resolution procedure in construction contract applied to post-construction tort claims; limitation period; addition of third party as defendant; indemnity and contribution under construction contract
Filename (current) 19-08-26_magdalyn_burlington_v_butterfield_bank_cayman_ltd_et_al.pdf
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In the Grand Court of the Cayman Islands — Civil Division
Cause No. G 0139/2017
Between
Magdalyn Burlington
- v -
Butterfield Bank (Cayman) Ltd and McAlpine Ltd - Ruling
Before
Mangatal J
Judgment delivered 2019-08-26

IN THE GRAND COURT OF THE C
HEADNOTE Civil Practice and Procedure –
Ms. Burlington’s application of 2

Mr. Huskisson,

Mr. Huskisson
it is found that McAlpine was
costs would have been a factor in
I do not intend to go into this
Claims must be initiated by written notice.
v Aeakos [199
(Counsel’s emphasis) 28.
Mr. Huskisson asserts that none
In essence, Butterfield makes two submissions
(a) There must be an initial referral
"The initial decision pursuant to Sections A.
post construction. Accordingly, it was submitted

Reference was also made to
Butterfield therefore invite the Court to
I accept Mr. Cox’s submission that
Costs are awarded to Butterfield against

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