Arbitral Digest

Matter

Andrew Popely v Ayton Limited (High Court Civil Claim No. 1 of 2005)

  1. 8 June 2006Saint Vincent and the Grenadines

    8 June 2006Saint Vincent and the Grenadines

    Order of the High Court of Justice of Saint Vincent and the Grenadines dated 8 June 2006

    High Court of Justice of Saint Vincent and the Grenadines

    Decision summary
    By mutual consent, the court ordered that the arbitration be dispensed with and that the disputes between the parties, including disputed fees and alleged fiduciary-duty breaches, be determined in the court claim.

    9 months and 7 days later · 280 days

  2. 15 March 2007Saint Vincent and the Grenadines

    15 March 2007Saint Vincent and the Grenadines

    Order of the High Court of Justice of Saint Vincent and the Grenadines dated 15 March 2007

    High Court of Justice of Saint Vincent and the Grenadines

    Decision summary
    The court ordered that preliminary issues concerning the validity of Lex Services' removal of the Blue Ridge Trust beneficiaries and the attempted replacement of its trustee be determined before trial of the substantive claim.

    Supporting details

    1 participant
    High Court of Justice of Saint Vincent and the Grenadines

    1 year, 6 months and 28 days later · 578 days

  3. 13 October 2008Saint Vincent and the Grenadines

    13 October 2008Saint Vincent and the Grenadines

    Ruling of the High Court of Justice of Saint Vincent and the Grenadines in the case High Court Civil Claim No. 1 of 2005 dated 13 October 2008

    High Court of Justice of Saint Vincent and the Grenadines

    Case no.
    High Court Civil Claim No. 1 of 2005
    Decision summary
    The court held that Lex Services, as nominee settlor of the Blue Ridge Trust, was required to act on John Henry Popely's instructions. It declared the 1 December 2006 notice removing the existing beneficiaries improper, void and of no effect, and held that Lex Services was obliged to act on the 6 December 2006 instruction concerning removal and replacement of the trustee.

    Supporting details

    15 authorities · 11 participants
    Andrew Popely
    Representative
    S.K. John (For: Andrew Popely)
    Representative
    A. John (For: Andrew Popely)
    Ayton Limited
    Representative
    P.R. Campbell Q.C. (For: Ayton Limited · Corporate Directors Limited · St. Vincent Trust Services Limited · Lex Services Limited)
    Representative
    M. Peters (For: Ayton Limited · Corporate Directors Limited · St. Vincent Trust Services Limited · Lex Services Limited)
    Corporate Directors Limited
    Representative
    P.R. Campbell Q.C. (For: Ayton Limited · Corporate Directors Limited · St. Vincent Trust Services Limited · Lex Services Limited)
    Representative
    M. Peters (For: Ayton Limited · Corporate Directors Limited · St. Vincent Trust Services Limited · Lex Services Limited)
    St. Vincent Trust Services Limited
    Representative
    P.R. Campbell Q.C. (For: Ayton Limited · Corporate Directors Limited · St. Vincent Trust Services Limited · Lex Services Limited)
    Representative
    M. Peters (For: Ayton Limited · Corporate Directors Limited · St. Vincent Trust Services Limited · Lex Services Limited)
    Lex Services Limited
    Representative
    P.R. Campbell Q.C. (For: Ayton Limited · Corporate Directors Limited · St. Vincent Trust Services Limited · Lex Services Limited)
    Representative
    M. Peters (For: Ayton Limited · Corporate Directors Limited · St. Vincent Trust Services Limited · Lex Services Limited)
    High Court of Justice of Saint Vincent and the Grenadines
    Other
    Witness
    Ms. Phelan

    Authorities cited

    15
    • International Trust Act 1996
      statute
    • International Business Companies Act 1996
      statute
    • Application of English Law Act, Chapter 8 (Application of English Law Act Chapter 8)
      statute
    • Eastern Caribbean Supreme Court (Saint Vincent and the Grenadines) Act
      statute
    • Jacobs and Batavia v General Plantation Trust Ltd
      case-law
    • Heilbut Symons & Co v Buckleton
      case-law
    • Roger Lester Breadnor & Others v Jonathan Granville-Grossman ([2003] EWHC Chapter 224)
      case-law
    • Snell's Equity 29th Edition
      academic
    • R v Barnet Magistrates' Court Exp Cantor ([1999] 1 WLR p. 334)
      case-law
    • Deloitte & Touche A.G. v Johnson
      case-law
    • Bowstead on Agency
      academic
    • Halsbury's Laws of England 4th Edition
      academic
    • Vaucher v Powell ([1915] A.C. p. 372)
      case-law
    • Re Brooks Settlement ([1968] 3 AER)
      case-law
    • Aleyn v Belchier
      case-law

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Andrew Popely v Ayton Limited (High Court Civil Claim No. 1 of 2005) · Matter