Investec & anr v Glenalla & ors [2019] WTLR 95
Spring 2019 #174The Background
The Privy Council heard eight appeals arising from the management of the Tchenguiz Discretionary Trust (“TDT”) between March 2007 and October 2008.
The TDT is a discretionary trust governed by the law of Jersey; in the period in question it had two trustees which were governed by Guernsey law: Investec Trust (Guernsey) Limited (“Investec”) and Bayeux Trustees Limited (collectively “the Trustees”). In July 2010 the Trustees were replaced as trustees of the TDT by Rawlinson & Hunter Trustees SA (“R&H”), a company incorporated in Switzer...
Burnden Holdings (UK) Ltd v Fielding & anr [2018] WTLR 379
Summer 2018 #172This appeal arose from an application by the defendants for summary judgment, dismissing the claim on the ground that it was statute-barred. The claim was for (and was for the purposes of the application assumed to have been) an unlawful distribution by the claimant company six years and three days before the issue of the claim form. Although, by the time of the hearing but after permission had been given to appeal, the claimant had amended its claim to include an allegation of fraud, so that there could not be summary judgment, the court considered the issue as to the meaning of s23...
Akers & ors v Samba [2017] UKSC 6
Summer 2017 #168Mr Al-Sanea was the legal owner of shares in five Saudi Arabian banks, including Samba Financial Group (appellant). As a result of six transactions between 2002 and 2008 Mr Al-Sanea agreed to hold the relevant shares in trust for Saad Investments Co Ltd (SICL), a company subject to the laws of the Cayman Islands. Compulsory winding up proceedings of SICL commenced on 30 June 2009 and, six weeks later, Mr Al-Sanea in breach of trust transferred the legal title to the relevant shares to the appellant, purporting thereby to discharge personal liabilities which he had towards it. On 19 Augus...
Akita Holdings v Turks and Caicos Islands [2017] UKPC 7
Summer 2017 #168Mr H was a ‘belonger’ (a citizen of the Turks and Caicos Islands) and appointed as a government minister in 2003, remaining in government until 2008. There was a policy entitling a belonger to apply for a conditional purchase lease over Crown Land subject to certain conditions which, if met, entitled the belonger to purchase the freehold title at a discounted rate, in this case of 50% of the open market value.
In 2004, Mr H applied for a lease and in setting the sale price the government relied on a 1998 valuation of the land resulting in a discounted price of $75,200. Unknown to ...
Ilott v The Blue Cross & ors [2017] WTLR 533
Summer 2017 #168The testatrix (T) died in 2004 leaving an adult daughter (C) from whom she had been estranged for 26 years. C had left home aged 17 to live with her boyfriend (B), of whom T disapproved. B later became C’s husband and they had five children. At the time of T’s death, C and her family lived in straitened financial circumstances: they lived in a house rented from a housing association, were reliant on benefits save for the husband’s intermittent work as a supporting actor and could not afford new household equipment or family holidays.
During the lifelong estrangement there had been...
Angove’s PTY Limited v Bailey & anr [2016] UKSC 47
October 2016 #163A, an Australian winemaker, employed an English company called D&D as its agent and distributor in the UK. D&D bought wines from A in its own right and sold wines on A’s behalf pursuant to an agency and distribution agreement (the agreement). The agreement was terminable by either party on six months’ notice or by notice with immediate effect in a number of events including the appointment of an administrator or liquidator.
On 21 April 2012, D&D went into administration and on 10 July 2012 into creditors’ voluntary liquidation. On administration there were outstanding ...
Credit Agricole v Papadimitriou [2015] UKPC 13
January/February 2016 #156In 2000 Mr Robin Symes, an art dealer, sold for US$15m a collection of art deco furniture belonging to the respondent. The respondent did not give her consent to the sale, and Mr Symes had no right to sell the collection. US$10.4m of the sale price was paid to a Panamanian company, Tradesk Limited. Of this, US$10.3m was then paid into an account at the appellant bank through a Liechtenstein foundation called Pataco Foundation. The monies were deposited in the Gibraltar branch of the appellant and credited to the account of Lombardi Corporation, which was a British Virgin Islands company ...
Scott v Southern Pacific Mortgages Limited & ors [2014] UKSC 52
July/August 2015 #151The appeal arose from one of what were originally ten test cases in which the defendant home owners (the vendors) were persuaded to sell their properties to purchasers (the purchasers) who promised the vendors the right to remain in their homes after the sale. The purchasers bought the homes with the assistance of mortgages from lenders (the lenders), who were not given notice of the promises to the vendors. Neither the rights of occupation promised by the purchasers to the vendors nor the tenancies granted by the purchasers were permitted by the lenders’ mortgage. Exchange of contracts ...
King & anr v Gershon Robertson (St Vincent and the Grenadines) [2014] UKPC 34
June 2015 #150The appeal arose out of a disputed claim to land.
In 1856 or 1857 W, who had been seised of land in fee simple, died. His will set out to leave a life interest in the land to his widow and thereafter to his four named children and after them to five named grandchildren. One of those grandchildren had (at least) two sons, E and B.
The respondent, G, was the grandson of B.
The appellants, K and R, derived their title from the other son E. In 1947, E had made a will asserting that he was the freehold owner of the land, it having devolved upon him as the heir at law of W...
Shergill & ors v Khaira & ors [2014] UKSC 33
December 2014 #145The case concerned Gurdwaras (Sikh temples) which were established under the discipline and headship of His Holiness Brahamgiani, revered 108 Sant Maharaj Baba Gian Singh Ji, the religious head of the abode of saints at Nirmal Kutia in the Indian village of Johal (the First Holy Saint). Responsibility for the management of the Gurdwaras was given by the First Holy Saint to various individuals (some described as trustees), with the First Holy Saint having the authority to change any trustee, management member and the whole management system at any time. Numerous documents relating to the ...