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2008 MarsdenLR 756

PRIVY COUNCIL UNITED KINGDOM
OAKLEY – Appellant
Versus
OSIRIS TRUSTEES LTD & ORS (ISLE OF MAN) – Respondent


JUDGMENT

[1] On 19 July 2006 Her Majesty in Council approved a report dated 3 July 2006 advising that a petition for leave to appeal should be granted:

"solely on the grounds of whether the requisite intention to enter existed in executing the resolution of 3 December 1997 to change the proper law of the Trusts (and in particular the Tabatha Trust) from the law of Jersey to the law of the Isle of Man."

The petitioner was Mr Christopher Oakley, an English solicitor who practised for some time in the Isle of Man. The decision from which he was granted this limited leave to appeal was a judgment given on 21 December 2005 by the Staff of Government Division of the High Court of Justice of the Isle of Man.

[2] The Staff of Government Division dismissed Mr Oakleys appeal from a judgment given on 26 August 2005 by Acting Deemster Linda Sullivan QC, after the hearing of a preliminary issue in accordance with directions which she had given in orders dated 13 August 203 and 8 December 2004. After four days of oral evidence and two further days of closing submissions the Acting Deemster declared that the proper law of the relevant trusts (the Tabatha Trust and the Timothy Trust) remained the law

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