Source: All England Reporter
Publisher Citation: [2015] All ER (D) 192 (Jun)
Neutral Citation: [2015] UKPC 24
Court: Privy Council
Judge:

Lord Mance, Lord Clarke, Lord Wilson, Lord Hughes and Lord Toulson

Representation Peter Foster QC and Diana Thomas (instructed by Simons Muirhead and Burton solicitors) for the appellants.
  Dexter Theodore QC (instructed by Michel and Co) for A.
Judgment Dates: 21 May 2015

Catchwords

Will - Foreign will - Applicability of English law in Saint Lucian proceedings - Proceedings relating to will made by deceased, B, in favour of D - B's niece, A, bringing proceedings - Court finding undue influence on part of D - D appealling - Whether, among other things, issues of unjust enrichment in Saint Lucia to be determined under English law - Whether court below erring.

The Case

Will Foreign will. The proceedings related to a will made by the deceased, B, in favour of D. B's niece, A, brought proceedings. The courts below found that there had been undue influence on the part of D. D appealed. The Privy Council, in dismissing the appeal, held that, among other things, issues of unjust enrichment in Saint Lucia had to be determined under English law. The court below had not erred.

Practice Areas

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