Webb v Webb [2020] WTLR 1461

Winter 2020 #181

The appeal arose in a dispute between husband and wife about the matrimonial property available for division.

After Mr and Mrs Webb were married in 2005, Mr Webb established two family trusts for the purpose of acquiring land and other assets in the Cook Islands (the Arorangi Trust and the Webb Family Trust).

The Arorangi Trust was established with Mr Webb as sole trustee, and Mr Webb and his son Sebastian as the two beneficiaries. The deed provided for a consultant to assist the trustee and for who could remove the trustee, request early vesting of the property and consent...

Investec v Glenalla [2018] UKPC 7

Web Only

MacLeod v MacLeod [2008] UKPC 64

Web Only

Akita Holdings v Turks and Caicos Islands [2017] UKPC 7

Summer 2017 #168

Mr 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...

In the matter of the Baronetcy of Pringle of Stichill UKPC 16

September 2016 #162

This was a referral to the Privy Council under s4 of the Judicial Committee Act 1833, under which the Queen can refer matters to the Judicial Committee of the Privy Council for advice. On this reference, the Privy Council was asked to advise as to (i) who was entitled to be entered on the Official Roll of the Baronetage as the Baronet of Pringle of Stichill; and (ii) whether DNA evidence resulting from the obtaining of a DNA sample from the tenth baronet (Sir Steuart Robert Pringle) in late 2009 or early 2010 should be admitted in order to determine the first question.<...

Brazil v Durant [2015] UKPC 35

October 2015 # 153

The effective plaintiff was the municipality of Sao Paulo (the municipality). The Federal Republic of Brazil was nominally the plaintiff because its constitution required it to be a party to any action brought outside Brazil by a Brazilian public authority. The defendants were companies registered in the British Virgin Islands (the companies) which were, at the relevant time, under the practical control of Mr Paulo Maluf and/or his son Mr Flavio Maluf. From 1993 Mr Paulo Maluf had been mayor of the municipality.

The case concerned payments made to Mr Paulo Maluf, or others on his ...

Crociani & ors v Crociani & ors [2014] UKPC 40

July/August 2015 #151

By a trust deed dated 24 December 1987 (trust deed) Edoarda Crociani (settlor) settled a promissory note on herself and others for the benefit of her daughters, Cristiana Crociani (Cristiana) and Princess Camilla de Bourbon des Deux Siciles. The trust deed conferred extensive powers on the trustees in respect of both capital and income, including power to pay the whole or any part of the trust funds to another trust. Originally, it was provided that the forum for the administration of the trust and its construction should be governed by the law of the Bahamas. Clause 12(6), howe...

King & anr v Gershon Robertson (St Vincent and the Grenadines) [2014] UKPC 34

June 2015 #150

The 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...

Spread Trustee Company Ltd v Hutcheson & ors [2011] UKPC 13

March 2012 #117

Privy Council (Lady Hale, Lord Mance, Lord Kerr, Lord Clarke and Sir Robin Auld)

The respondents made claims for breach of trust against the appellant in respect of breaches that occurred in Guernsey at a time when Guernsey customary law governed the duties of Guernsey trustees and also after the introduction of the Trusts (Guernsey) Law 1989 (the 1989 Law), but before that law was amended by the Trusts (Amendment) (Guernsey) Law 1990 (the 1990 Law). The trust instrument included an exoneration clause in respect of negligence by the trustee and ...