THE FIVE-MEMBER panel of the Court of Appeal is to hand down its decision on March 1 on the constitutional point raised by former Scotiabank boss William 'Bill' Clarke.

Clarke is asking the court to determine whether the power given to a single judge of the Court of Appeal to consider procedural appeal was outside the scope of the Constitution.

The court is further being asked to determine whether the Rules Committee, in giving the single judge that power to consider procedural appeals, was acting outside the powers of the Constitution.

Legal arguments were completed on Tuesday in the matter which began on Monday.

Solicitor General Nicole Foster Pusey is representing the attorney general in the matter, because of the importance of the constitutional issue raised.

A DISPUTE OVER MONEY

Clarke took the issue to the Supreme Court following a dispute with the bank over money he had paid into an account in relation to a BMW motorcar transaction before he went on early retirement in 2008.

The bank asked the court to strike out Clarke's claim or grant an order for a stay.

A Supreme Court judge struck out Clarke's claim and ruled that the money which Clarke had paid into the account in relation to the BMW motorcar had been settled during the arbitration.

Clarke appealed and Court of Appeal Judge granted a stay of the matter. He wants the five-member panel to decide whether the Constitution makes provision for a single judge to hear a procedural appeal.

A dispute arose as to Clarke's entitlement after he retired and, after a lengthy legal battle in court, the matter went to arbitration and was settled in 2011.

Attorney-at-law Georgia Gibson Henlin is representing Clarke while Michael Hylton, QC, is representing the bank.