Edward Bannister | |
---|---|
ECSC Commercial Court Judge | |
In office 2009–2015 | |
Monarch | Elizabeth II |
Personal details | |
Nationality | British |
Alma mater | Keble College,Oxford |
Occupation | Judge |
Profession | Barrister |
Edward Alexander Bannister CMG KC (born 12 August 1942) is the former Commercial Court Judge of the Eastern Caribbean Supreme Court based in the British Virgin Islands. [1] He was appointed in 2009,and was the first ever person to hold the post.
Bannister was born on 12 August 1942,the son of Edward Bannister and Antonina Bannister. [2] He was educated at St John's School,Leatherhead and Keble College,Oxford. [2] He became a barrister practising in London,where he was regarded as one of the more able senior barristers. [3] As counsel he appeared before the House of Lords in Stein v Blake [1995] UKHL 11.
During his appointment Justice Bannister has handed down a number of decisions which have helped to reshape British Virgin Islands commercial law,including creating the jurisdiction for "Black Swan" orders [4] and reformulating the basis for minority prejudice relief. [5] Justice Bannister also heard the various first instance claims relating to the Bernie Madoff fraud claims in the British Virgin Islands.
Justice Bannister is a relatively bold judge in terms of treatment of judicial precedent: [6]
Bannister retired from his post in 2015. [15]
He was appointed Companion of the Order of St Michael and St George (CMG) in the 2017 Birthday Honours. [16]
In trust law,a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference,or due to a breach of fiduciary duty,which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust.
Jonathan Philip Chadwick Sumption,Lord Sumption,,KC,is a British author,medieval historian and former senior judge who sat on the Supreme Court of the United Kingdom between 2012 and 2018.
Asset freezing is a form of interim or interlocutory injunction which prevents a defendant to an action from dealing with or dissipating its assets so as to frustrate a potential judgment. It is widely recognised in other common law jurisdictions and such orders can be made to have world-wide effect. It is variously construed as part of a court's inherent jurisdiction to restrain breaches of its process.
Sir Colin Percy Farquharson Rimer is a former judge of the English Court of Appeal;he retired in 2014.
Robert John Reed,Baron Reed of Allermuir,is a Scottish judge who has been President of the Supreme Court of the United Kingdom since January 2020. He was the principal judge in the Commercial Court in Scotland before being promoted to the Inner House of the Court of Session in 2008. He is an authority on human rights law in Scotland and elsewhere;he served as one of the UK's ad hoc judges at the European Court of Human Rights. He was also a Non-Permanent Judge of the Court of Final Appeal of Hong Kong.
In English contract law,an agreement establishes the first stage in the existence of a contract. The three main elements of contractual formation are whether there is (1) offer and acceptance (agreement) (2) consideration (3) an intention to be legally bound.
The English law of unjust enrichment is part of the English law of obligations,along with the law of contract,tort,and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust.
Michael Townley Featherstone Briggs,Lord Briggs of Westbourne,is a Justice of the Supreme Court of the United Kingdom. He served earlier as a judge of the Court of Appeal of England and Wales.
Unconscionability in English law is a field of contract law and the law of trusts,which precludes the enforcement of voluntary obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law,which can in turn be further broken down into cases on duress,undue influence and exploitation of weakness. In these cases,where someone's consent to a bargain was only procured through duress,out of undue influence or under severe external pressure that another person exploited,courts have felt it was unconscionable to enforce agreements. Any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment subject to certain defences.
Stone &Rolls Ltd v Moore Stephens[2009] UKHL 39 is a leading case relevant for UK company law and the law on fraud and ex turpi causa non oritur actio. The House of Lords decided by a majority of three to two that where the director and sole shareholder of a closely held private company deceived the auditors with fraud carried out on all creditors,subsequently the creditors of the insolvent company would be barred from suing the auditors for negligence from the shoes of the company. The Lords reasoned that where the company was only identifiable with one person,the fraud of that person would be attributable to the company,and the "company" could not rely on its own illegal fraud when bringing a claim for negligence against any auditors. It was the last case to be argued before the House of Lords.
Sir Christopher Stephen Thomas Jonathan Thayer Staughton,PC was an English barrister and judge,who sat as a justice of the High Court of Justice,Court of Appeal of England and Wales and President of the Court of Appeal of Gibraltar.
Agency in English law is the component of UK commercial law that deals with the application of agency law in the United Kingdom,and forms a core set of rules necessary for the smooth functioning of business.
Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 is an English land law and English contract law case,concerning the measure and availability of damages for breach of negative covenant in circumstances where the court has confirmed that a covenant is legally enforceable and refused,as unconscionable,to issue an order for specific performance or an injunction.
De Mattos v Gibson (1859) is an English case,concerning the taking/grant of security for a loan over property where the lender knows of a prior binding commitment. The court held,on the facts,it would be only fair to postpone the power of sale asserting this as a general principle where facts are closely similar.
Cukurova Finance International Ltd &Anor v Alfa Telecom Turkey Ltd[2009] UKPC 19,P.C.,[2012] UKPC 20,[2013] UKPC 2,[2013] UKPC 20,[2013] UKPC 25 and [2014] UKPC 15 were a series of judicial decisions of the Judicial Committee of the Privy Council,one of which is a leading case on the remedy of appropriation for security interests that was introduced into United Kingdom law under the Financial Collateral Arrangements (No.2) Regulations 2003,which implemented the Financial Collateral Arrangements Directive. Together with its related appeals on preliminary and subsequent issues,it has defined the scope of the remedy,as well as what equitable relief may be available.
The judiciary of British Virgin Islands is based on the judiciary of the United Kingdom. The British Virgin Islands is a member state of the Eastern Caribbean Supreme Court. The courts are organized at four levels,including the provision for final appeal to the Judicial Committee of the Privy Council in London.
The anti-deprivation rule is a principle applied by the courts in common law jurisdictions in which,according to Mellish LJ in Re Jeavons,ex parte Mackay,"a person cannot make it a part of his contract that,in the event of bankruptcy,he is then to get some additional advantage which prevents the property being distributed under the bankruptcy laws." Wood VC had earlier observed that "the law is too clearly settled to admit of a shadow of doubt that no person possessed of property can reserve that property to himself until he shall become bankrupt,and then provide that,in the event of his becoming bankrupt,it shall pass to another and not to his creditors."
Nilon Limited v Royal Westminster Investments S.A.[2015] UKPC 2,P.C. is a leading case of the Judicial Committee of the Privy Council on the right of a party to seek rectification of a company's share register,and the use of "anchor defendants". The case also included various obiter comments about the doctrine of forum non conveniens.
Stichting Shell Pensioenfonds v Krys[2014] UKPC 41 was a decision of the Privy Council on appeal from the British Virgin Islands relating to an anti-suit injunction in connection with an insolvent liquidation being conducted by the British Virgin Islands courts.