Litigation

Privy Council Agency

Sinclair Gibson LLP is authorised to act as a Privy Council agent on behalf of law firms from offshore Commonwealth jurisdictions and other Crown dependencies for which the Judicial Committee of the Privy Council is the final court of appeal. In recent years the firm has handled appeals from most of the major offshore jurisdictions, in keeping with its extensive contentious and non-contentious offshore trusts practice.

The firm aims to provide an efficient and economical service to offshore law firms. Henry Hickman, who runs this part of the practice, has acted in over 40 appeals and applications for permission to appeal to the Privy Council covering a wide range of legal issues and from most of the offshore jurisdictions. Recent highlights include acting in five appeals that were heard in October and November 2017, four of which were won outright, and the fifth in part.

We are happy to act as Privy Council agents in both civil and criminal cases both for appellants and respondents. Amongst the high profile appeals in which the firm has acted are:

  • Investec Trust (Guernsey) Ltd & others v Glenalla Properties Ltd and others [2018] UKPC 7 (Guernsey) (“The Tchenguiz Discretionary Trust appeals”)
  • Crociani & others v Crociani & others [2014] UKPC 40 (Jersey)
  • In the Matter of an Application for Information about A Trust [2013] CA (Bda) 8 Civ (Bermuda) (settled just before the JCPC hearing)
  • Spread Trustee Co Ltd v Sarah Ann Acatos Hutcheson & others [2011] UKPC 13; [2012] 1 All ER 251 (Guernsey)
  • TMSF v Merrill Lynch Bank & Trust Co (Cayman) Ltd & others [2011] UKPC 17; [2011] 4 All ER 704 (Cayman).

Other recent appeals in which the firm has acted include:

  • Staray Capital Limited and another v Cha, Yang (also known as Stanley) (British Virgin Islands) [2017] UKPC 43
  • Hemery v Ramlogan (Mauritius) [2017] UKPC 41
  • Cleare v The Attorney General and others (The Bahamas) [2017] UKPC 38
  • Rolle Family and Company Limited v Rolle (The Bahamas) [2017] UKPC 35
  • Sun Alliance (Bahamas) Limited and another v Scandi Enterprises Limited (The Bahamas) [2017] UKPC 10
  • Akita Holdings Limited v The Honourable Attorney General of The Turks and Caicos Islands (Turks and Caicos Islands) [2017] UKPC 7.
“Naturally, you look for technical ability and the Sinclair Gibson team have it in spades.”