From: Lionel Smith, Prof. <lionel.smith@mcgill.ca>
To: RDG <ENRICHMENT@LISTS.MCGILL.CA>
ODG <obligations@uwo.ca>
Date: 04/07/2011 18:42:12 UTC
Subject: More Privy Council activity in offshore trusts...

A few days after Spread Trustee the Privy Council released a trusts judgment
in a Cayman matter:
http://www.bailii.org/uk/cases/UKPC/2011/17.html

Here a judgment debtor was the settlor and a beneficiary of two trusts over
which he had reserved a power of revocation. The question was whether the
court could appoint a receiver to exercise the power of revocation for the
benefit of the judgment creditor (and any other creditors). The judgment
(there is only one this time, Lord Collins) seems to have been complicated
by perhaps following counsel in filtering everything through the inquiry
whether a general power is 'tantamount to property'; although the message
(implicit in the many cases that are reviewed) seems to be, quite rightly in
my view, that there is no single answer to that question. I was surprised
(although James Penner might be pleased) to find not a single reference to
Hohfeld ... the creditor got its order, and presumably will get its money.

Lionel