Anguilla High Court Quashes Executive Council's Refusal To Grant Alien Landholding Licence On Basis Of Legitimate Expectation

Keithley Lake & Associates' Attorneys Mr. Kenneth Porter and Mr. D. Michael Bourne led by Mr. Saul Froomkin Q.C., achieved a notable success when they represented La Baia Ltd. in an application for Judicial Review of the decision of the Executive Council (EXCO) to not grant La Baia Ltd. an Alien Landholding Licence. The basis of the application was that the decision was in breach of a legitimate expectation.

The factual history giving rise to the proceedings is such that in or around 1986, La Baia Ltd. ("La Baia") purchased land in Anguilla ("the land"). However, in 2001 it was discovered that, unbeknownst to them, the land was transferred to a third party. La Baia accordingly instituted proceedings against said third party. The land therefore became the subject matter of litigation over a protracted period. Judgment was however, delivered in favour of La Baia before the High Court in 2006, the Court of Appeal in 2010 and finally, the Judicial Committee of the Privy Council in 2011.

More relevant to this case is the fact that shortly after the purchase of the land, La Baia had submitted an application for an Alien Land Holding Licence (ALHL). However, the Government of Anguilla ("GOA") issued the first letter to La Baia indicating that the application was refused and stated the reason for such refusal as being, that no licence would be issued until the beneficial owner (at the time) had fulfilled obligations which were imposed on him in relation to another project on other lands in Anguilla. These other lands were subsequently sold so as to facilitate La Baia obtaining the ALHL.

A further application for the ALHL was submitted to the GOA and the Office of the Chief Minister assured La Baia, by way of a second letter, that there was no reason why its application for a licence would not be looked at favourably. La Baia had further discussions with the GOA and was assured by way of a third letter that there was nothing known which would preclude the granting of the ALHL, if the Court ruled in La Baia's favour. Subsequent to the decision of the Privy Council, La Baia renewed its application for an ALHL expecting that this would be granted on the basis of the representations made in the various correspondences. In furtherance of its application, La Baia requested an interview with the GOA to discuss its application, as was the custom. However, despite its repeated requests, this opportunity was never forthcoming. In any event, to the great...