Sinel Trust Anguilla Ltd v The Ag of Anguilla

• Jurisdiction: Anguilla
• Court: High Court (Saint Christopher, Nevis And Anguilla)
• Judge: Edwards, J.
• Judgment Date: 18 September 2002
• Neutral Citation: AI 2002 HC 10
• Docket Number: AXAHCV 0020 of 2002
• Date: 18 September 2002

High Court

Edwards, J.

AXAHCV 0020 of 2002

Sinel Trust Anguilla Ltd.

and

The Ag of Anguilla

Submissions Presented:

Keithley Lake & Associates for claimant/applicant

Webster, Dyrud & Mitchell for 4th defendant

Trust - Application by trustee seeking direction and orders — Trustee given liberty to appeal against the decision of the Jersey Royal Court.

Edwards, J.

1 This Application by claimant filed on the 26th August, 2002, during the legal vacation period requested that the court determine the Application during the vacation period without a hearing and sought the following directions and orders:–

• “4. The claimant be directed whether or not it should pursue an appeal against the June 19th, 2002 decision of the Jersey Royal Court, dismissing in part the Summons dated 25th February, 2002 of the Trustee and other defendants seeking leave to set aside service out of the jurisdiction or a stay on grounds of forum non conveniens.

• 5. That the Trustee do have access to the Trust Fund for the purpose of enabling the Trustee to obtain legal representation for such appeal and that the Trustee be entitled to an indemnity against all costs, expenses and liabilities arising therefrom:'

2 The court was also requested to read and give due consideration to the submitted confidential and privileged advice of experienced counsel in such matters in dealing with the Application. The court's reliance on such confidential and privileged advice is permitted in Beddoe Application proceedings by the UK Civil Rules and Practice Directions and other legal authorities which have been referred to and...