Guernsey Judgment 5/2009 - Barclay and Barclay v Latrobe-Bateman et al

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(i)Sark - charitable donation in aid of the New Island Hall - whether the Hall was being used in breach of the Trust Deed - plaintiffs' application for declaratory relief and a permanent injunction - held that the Trust Deed must be construed using the 'four corners test' of construction and having regard to the matrix of fact - held that the present use of part of the Hall under a public house licence is lawful and within the terms of the Trust Deed - held that there had been no negligence or innocent misrepresentation by the defendants - held that no express condition had been imposed by the plaintiffs therefore 'the Sark law of gifts' could not be applied - proceedings dismissed (ii)Trustees application for costs on a full or partial indemnity basis - Reform (Sark) Law, 2008 (s.18) - extent of judicial discretion as to costs - Royal Court Civil Rules, 2007 (r.83) provide persuasive guidance - held that the plaintiffs had not acted unreasonably and that there were no special circums