Andrew Westwood KC acted for Kenneth Krys, the liquidator of Fairfield Sentry Limited (“Sentry”), on his successful appeal to the Judicial Committee of the Privy Council against the refusal of sanction to pursue a second appeal in proceedings in the United States. 

Sanction for the appeal had been refused by the BVI High Court. The Eastern Caribbean Court of Appeal (“ECCA”) gave the Liquidator permission to appeal together with interim sanction to take steps to preserve the appeal to the US Court of Appeals for the Second Circuit (“SCCA”) pending determination of his appeal against the High Court’s refusal. 

In the period between the hearing of the Liquidator’s appeal by the ECCA and the handing down of judgment, the SCCA allowed the US appeal, with beneficial results for the liquidation of Sentry. The ECCA dismissed the Liquidator’s appeal, making no reference to the fact that his appeal to the SCCA had been successful. The Privy Council allowed the Liquidator’s appeal on the basis that the SCCA decision was a material change of circumstances which the ECCA should have taken into account and the correct course, in view of the very significant benefit of the US Appeal to the estate of Sentry and its investors, was to give sanction.

Andrew was instructed by and appeared in the Privy Council with Alistair Abbott of Forbes Hare, acting on behalf of Kenneth M. Krys of KRyS Global.

Read the full judgment: Kenneth M Krys (as Liquidator of Fairfield Sentry Ltd (In Liquidation)) v Farnum Place LLC.