Privy Council

Michael Pearson in his Capacity as Additional Liquidator of Herald Fund SPC (In Official Liquidation) v Primeo Fund (In Official Liquidation) [2020] UKPC 3 

Acted for the liquidator, Michael Pearson, in respect of his appeal against the Cayman Islands Court of Appeal decision on the interpretation and application of section 112(2) of the Companies Law of the Cayman Islands 2018 Revision.  The main issue in the appeal was whether a liquidator's power to rectify a company’s register of members is confined to an alteration which brings the register into line with the members’ underlying legal rights as at the commencement of the liquidation or is wide enough to enable the liquidator to amend the register of members in a way which alters the members’ legal rights, as at the commencement of the liquidation, so as to do what the liquidator considers to be substantial justice as between the members.  In this case, in the liquidator’s view, justice would not be achieved by a distribution of the surplus assets of the company in accordance with their legal rights, as stated in the register.

Director of Public Prosecutions v Lagesse (Mauritius) [2020] UKSC 16

In one of the first remote hearings to be conducted in the Privy Council, acted for Mr Lagesse in his appeal against the Supreme Court of Mauritius' decision to overturn the dismissal of various charges against him and order a retrial in relation to the possession of goods on which excise duty had not been paid.

The Airport Authority v Western Air Ltd (Bahamas) JCPC 2018/0056

Acted for the for the Bahamian Airport Authority in an appeal arising out of the theft of an aircraft owned by Western Air.  The issue in appeal was whether the Bahamian Court of Appeal erred in affirming the trial Judge's finding that the Authority owed a duty of care to Western Air.

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