Hughes v La Baia Ltd (Anguilla)

[2011] UKPC 9
Privy Council Appeal No 0027 of 2010

JUDGMENT

Edwin M Hughes v La Baia Limited

From the Eastern Caribbean Court of Appeal (Anguilla)

before

Lord Rodger
Lord Walker
Lord Mance
Lord Clarke
Lord Saville of Newdigate

JUDGMENT DELIVERED BY

Lord Walker

ON

28 March 2011

Heard on 23 February 2011

Appellant
Dr John Roberts CBE QC
Christopher Drew
Cheryl Drew
(Instructed by Whitworth and Green Solicitors)

Respondent
Saul Froomkin QC
(Bermuda Bar)
Kenneth Porter
Ms Michelle Smith
(Anguilla Bar)
(Instructed by Charles Russell LLP)

LORD WALKER:

The facts

This appeal is concerned with the title to a piece of seaside land, about seven and a half acres in extent, at West End Bay on the north-west coast of Anguilla. Anguilla is one of the northernmost islands in the chain of the Leeward Islands, with the neighbouring islands of St Martin and St Maarten close to its south coast, and St Thomas (one of the US Virgin Islands) close on the west.

The land in question was owned under an unregistered title by Isaac Richardson, who died intestate on 24 August 1946 survived by his widow Cassie, and four children, Nathaniel, Edward, Sylvia (Bryson) and Bernard. (These and other names of members of the extended family occur frequently and the Board will for brevity, and without any disrespect, refer to them by their first names.) Bernard moved to St Maarten and died in 1957. There is no evidence in the record as to whether he died testate or intestate, or as to his personal representatives (if any). Cassie died some time after Bernard.

On 21 February 1975 the title to the land was registered under the Land Adjudication Ordinance, the owners being designated as "heirs of Isaac Richardson (represented by George Richardson of West End, Anguilla)" under title number Block 17709 B, parcel 23. There was conflicting evidence as to whether or not George was a relative of Isaac, but he was certainly a neighbour and it seems that he agreed to act as representative at the title adjudication preceding the registration since none of Isaac's surviving children lived in Anguilla: Nathaniel and Edward were in St Thomas and Sylvia was in Aruba.

On 20 January 1982 letters of administration to Isaac's estate were granted to George as attorney for Edward. This was about the time when Ms Cheri Batson became interested in the possibility of buying the land at West End Bay. Ms Batson is an American citizen. She was a long-term resident of St Maarten and she was looking for a site for a house in Anguilla. She thought that the land at West End Bay was very attractive, but the site was too large for a single house. She saw it as a development opportunity. A friend and business associate of hers, Rosario Spadaro, agreed to provide finance. Ms Batson and Mr Spadaro are the beneficial owners of the shares in La Baia Ltd ("Baia"), the claimant at first instance and the respondent to this…

JUDGMENT