Dear All,

The Privy Council’s decision this week in Arthur v The Attorney General of the Turks & Caicos Islands (Turks and Caicos Islands) [2012] UKPC 30 (http://www.jcpc.gov.uk/docs/jcpc-2011-0074-judgment.pdf) might be of some interest, as it addresses the question “whether the Torrens system of land registration, as enacted in the Turks and Caicos Islands' Registered Land Ordinance ("the RLO"), precludes a claim that the registered proprietor of land is a constructive trustee of the land by virtue of his knowledge that the transfer was in breach of trust or fiduciary duty.” ([2)). The answer to that, it seems, is that such a claim is not precluded under the RLO. The Board urges caution in the use of comparative material, particularly distinguishing the Australian cases, since the language of the legislation will be context-specific in each jurisdiction. There is also some reflection on the nature of knowing receipt, in the light of some recent literature.

In other news, the UK Supreme Court has granted permission to appeal in two cases previously circulated on this list: Central Bank of Nigeria v Williams (on dishonest assistance and limitation) and Independent Trustee Services v Morris (on bona fide purchase) http://www.supremecourt.gov.uk/docs/permission-to-appeal-1207.pdf

Best wishes,

James

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James Lee
Lecturer and Director of Careers
Academic Fellow of the Inner Temple

Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT, United Kingdom
 
Tel: +44 (0)121 414 3629
E-mail: j.s.f.lee@bham.ac.uk

Web: http://www.birmingham.ac.uk/staff/profiles/law/lee-james.aspx