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Appeal court rules for 'Bill'

Paul Henry

Tuesday, February 04, 2014    

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THE Court of Appeal has ordered the Canada-based Bank of Nova Scotia to pay half the legal costs of William 'Bill' Clarke, its former Jamaica head, as the court referred back for arbitration a dispute over payment for a high-end motor car.

"Half the costs incurred by the applicant in the [Supreme Court] and in the Court of appeal are awarded to the appellant...," the court ruled last week.

The ruling was made as the court reinstated Clarke's action to collect $3 million from the bank, which was meant to go towards the difference of a £260,000 Seven Series BMW that was purchased for him by the bank. He was entitled to a Five Series.

But at the same time, the court granted the bank a stay of Clarke's action for the matter to be deliberated by the Graeme Mew of the London Court of International Arbitration.

In his claim form, Clarke said he had deposited the money in a branch of the bank but that it wasn't returned after a settlement was reached on his retirement package in 2011 following a protracted legal battle. He filed the claim seeking damages for breach of contract and interest.

Clarke's claim was thrown out in the Supreme Court and he took the matter to the court of appeal, with attorney Georgia Gibson-Henlin leading the charge on his behalf.

The legal row between Clarke and his former employer was set in train after his retirement in 2008, which culminated 40 years of service to the bank.

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