Sancus Financial Holdings Ltd and others v Holm and another (British Virgin Islands)
[2022] UKPC 41
Lea Lilly Perry and another v Lopag Trust Reg and another No 2 (Cayman Islands)
18 May 2023
[2023] UKPC 16
Privy Council
A family fought over a share transfer. Two lower courts agreed on the facts, and a higher court said it wouldn't change their minds because there wasn't a good enough reason to. They also didn't want to change the law on mistakes.
Key Facts
- •Mr. Perry transferred a share in a Cayman company to a Liechtenstein trust.
- •His widow and daughter challenged the transfer on grounds of breach of matrimonial rights under Israeli law and equitable mistake.
- •The lower courts found in favor of the respondents.
- •The appeal challenged concurrent findings of fact and a Supreme Court decision in Pitt v Holt.
Legal Principles
The Privy Council generally declines to hear appeals challenging concurrent findings of fact, except in exceptional circumstances (miscarriage of justice or violation of law/procedure).
Devi v Roy [1946] AC 508
Findings on foreign law are findings of fact, but a special category. Appellate courts can use their legal skills and experience to analyze foreign law, particularly if it's a common law system.
Various cases cited, including Nelson v Bridport, Parkasho v Singh, Dexia Crediop SpA v Comune di Prato, MCC Proceeds Inc v Bishopsgate Investment Trust plc, Byers v Saudi National Bank, FAGE UK Ltd v Chobani UK Ltd
In appeals involving foreign law, the extent to which an appellate court can review a trial judge's findings depends on the degree to which the judge could use domestic law skills to ascertain the foreign law. A spectrum exists.
Analysis of various case law
A conscious belief or tacit assumption can amount to a mistake in equity, but 'causative ignorance' cannot (Pitt v Holt).
Pitt v Holt [2013] UKSC 26
Outcomes
Appeal dismissed.
The appeal primarily challenged concurrent findings of fact regarding Israeli and Liechtenstein law, and the Privy Council found no exceptional circumstances justifying review. The claim based on overturning Pitt v Holt was also rejected.
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