ANGUILLA, BWI – On June 22, 2015, the Judicial Committee of the Privy Council (U.K.) unanimously upheld a May 2012 High Court of Anguilla sanctioned sale of assets by the Joint Liquidators to Charles and Linda Hickox. The Privy Council’s decision reverses the Court of Appeal for the Eastern Caribbean’s prior decision, which had ruled in favour of Brilla Capital Investors. The Brilla Group has mounted multi-pronged attacks to have the sale by the Joint Liquidators to the Hickoxes set aside. The decision of the Privy Council has affirmed Charles and Linda Hickox as rightful owners and operators of Cap Juluca resort.
The judgment delivered by Lord Neuberger, president of Supreme Court of the United Kingdom and the Privy Council, confirms that the Hickoxes were justly approved by the High Court of Anguilla, as successful bidders on the Private Treaty sale. The Hickoxes paid $10.3 million for all assets, including the rights to the business, operation of Cap Juluca resort and 3.5 villas. The Hickoxes acquired 10 villas, the Main House, all restaurants, outlets and all facilities by redeeming their charges on the property at a public auction also held in May 2012.
“We are thrilled by the Privy Council’s decision,” said Linda Hickox. “This long and unnecessary legal struggle has had substantial financial consequences for us, our employees and the Island of Anguilla.”
Since May 2012, the Hickoxes have invested more than $15 million to improve and upgrade the resort including the guest rooms, restaurants, landscaping and back-of-house departments like kitchens and laundry facilities bringing the resort back to its rightful place as the Jewel of Anguilla and maintaining employment for hundreds of Anguillians. During this period the property has achieved many accolades, including being named the “#1 Best Beach Resort Worldwide” by Andrew Harper’s Hideaway Report.
During this same period, the 4.5 villas controlled by the Brilla Group have been padlocked and withheld from hotel inventory in breach of terms of their sublease agreements.
“Our focus right now is to meet with the Government of Anguilla to resolve outstanding issues, including ensuring that all units are brought into the rental pool in accordance with Government stated policy, which of course benefits the people of Anguilla,” stated Charles Hickox.
– Press Release
(Published without editing by The Anguillian newspaper.)
