Prickly Bay Waterside Ltd v British American Insurance Company Ltd [2022] WTLR 1115
Autumn 2022 #188Prickly Bay was engaged in the development of houses and apartments at L’Ance Aux Epines, St George, Grenada. Its principal director was Richard Lee, husband of Rosa Lee. Two adjacent properties were owned by a Mr Steele. Following a dispute between Prickly Bay and Mr Steele a consent order was entered into providing that Prickly Bay would purchase the adjacent properties for US$5m. It was a term of the consent order that Prickly Bay would provide a bank guarantee for US$2.25m. The respondent, BAICO, gave the guarantee.
Mr and Mrs Lee, and Prickly Bay, entered into a loan agreemen...
The Public Guardian v RI & ors [2022] WTLR 1133
Autumn 2022 #188The court had to determine whether the donor (RD) under a lasting power of attorney for property and financial affairs executed in 2009 (the LPA) had had the capacity to execute it. RD had a learning disability and chronic schizophrenia for which he continued to receive treatment. The LPA was purportedly executed on 17 December 2009 by RD, who appointed his brothers (RI and RO) and his mother to be his attorneys. The LPA complied with the requisite formalities. At the time RD was living with his mother, but following her death in 2015 he was moved to a care home where he continued to liv...
Whittle v Whittle & anr [2022] WTLR 1153
Autumn 2022 #188The deceased executed his will on 15 November 2016 and died on 7 December 2016 from leukaemia. Pursuant to the will, a bequest of cars and other chattels was made to the claimant (the deceased’s son), while the defendants (the deceased’s daughter and her partner) were made executors and beneficiaries of the residuary estate. The will justified the provision to the claimant on the basis that he had become estranged from the deceased.
The claimant challenged the will on the basis of fraudulent calumny, undue influence and want of knowledge and approval. In particular, the claimant c...
Re X Foundation Trust [2022] WTLR 1165
Autumn 2022 #188The sole trustee of the X Foundation Trust, a Bahamas trust, applied to the court for directions pending the determination of two sets of proceedings before a foreign court (the foreign court proceedings), with respect to the mental capacity of the settlor of the trust (the settlor).
The trust was a discretionary trust whose class of beneficiaries included the settlor and members of his family, as well as companies which received distributions from the trust to pursue charitable activities. The trust instrument provided for a protector, termed an appointor, with power to appoint a...
Re B [2022] WTLR 409
Summer 2022 #187In 2013, B’s father died intestate in France leaving a French property. Under French law, the property passed to B and his adult sister in equal shares. Under French law, it is necessary for the heir to accept their succession to the French estate. As B was a minor (aged 17), he was not able to do so. If he lived in France the surviving parent would be able to accept the succession on B’s behalf, but because B was habitually resident in England the French court declined jurisdiction.
B’s mother made an application for a specific issue order under s8 of the Children Act 1989 author...
Bracey v Curley & anr [2022] WTLR 419
Summer 2022 #187Mr Bracey passed away on 27 May 2018, leaving a will dated 31 July 2015. Under that will, Mr Bracey appointed the second defendant as his executrix and trustee. The grant of probate issued on 16 March 2020 to the second defendant. Mr Bracey had been predeceased by his wife, who, like Mr Bracey himself, had been unwell at the time at which Mr Bracey had executed his will. The case related to a dispute between Mr Bracey’s son (the claimant) and his daughter (the first defendant) concerning the proper construction of the will and whether it should be rectified.
The first issue was wh...
Byers & ors v The Saudi National Bank [2022] WTLR 437
Summer 2022 #187This action related to a transfer in September 2009 of shares in five Saudi Arabian banks, then collectively worth about US$318m, by Mr Maan Al-Sanea (who at that time held those shares) to Samba Financial Group (Samba). The claimants were the liquidators of Saad Investments Company Ltd (SICL). They alleged that Mr Al-Sanea had at the time of the transfer held those shares on trust for SICL. The claimants brought a number of different actions against Samba in respect of the transfer of the shares, formulating the case on various legal bases in the various different actions. The iteration...
Chandler v Lombardi [2022] WTLR 487
Summer 2022 #187The parties were children of Concetta Chandler, who had died on 24 January 2019. C was her son and executor. D was her daughter.
On 4 June 2018, Mrs Chandler had transferred her house into the joint names of herself and D as tenants in common in equal shares. C sought a declaration that the transfer was void and rectification of the land register to reflect this.
From 2005 (when it was purchased) until the transfer, the house had been held in Mrs Chandler’s sole name.
On 28 November 2018, D had registered with the Office of the Public Guardian a lasting power of atto...