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Judges of the Caribbean Court of Justice



The Honourable Mr. Justice David Hayton

The Honourable Mr. Justice David Hayton, born on 13 July 1944, won a free scholarship to Newcastle Royal Grammar School (then a Direct Grant School) before studying 1963-66 at Newcastle University, whence he graduated with an LL.B. with 1 st Class Honours and the Rennoldson Memorial Prize for topping his year, having also been runner up in the March 1966 final of the UK Universities’ Mooting Competition judged by Lord Reid. From 1966-1969, he was a Law Lecturer at Sheffield University, and was called to the Bar in 1968, having obtained the Treasurer’s Prize for topping the 1968 Bar Finals Exam. After pupillages with Michael Miller and Peter Millett, 1969-1970, he practised as a barrister, specialising in domestic and international trusts and succession.

Until his elevation to the Bench of the Caribbean Court of Justice, Mr. Justice Hayton was arguably the leading authority in the U.K. and Europe on the law of trusts. He has written or co-authored eight books in the areas of trusts, property, succession and tax, including the standard practitioner’s text, Underhill and Hayton, Law of Trusts and Trustees, now in its 16 th Edition.

Holder of the MA (Cantab) and of the LLD (Cantab) and the LLD (Newcastle), Mr. Justice Hayton was Professor of Law at King’s College, London University, from 1987 to 2005, having previously been Fellow of Jesus College, Cambridge University, from 1973. He sat as a Recorder (a part-time judge) from1984 till 2000 and as Acting Justice of The Bahamas’ Supreme Court in 2000 and 2001. He was Deputy Chair of the Trust Law Committee of England & Wales since it was set up in 1994, (chairing Working Parties contributing to the Trustee Act 2000 and three topics being referred to the Law Commission) and is a Member of The International Academy of Estate and Trust Law (and its Executive Council), the Athenaeum and MCC. Mr. Justice Hayton took the Oath of Office as a Judge of the Caribbean Court of Justice on Thursday 30 June 2005.

Mr. Justice Hayton was Dean of King’s College Law Faculty, 1988-90, and Chair, 1992-1995, of London University’s Board of Studies in Law and of its LLM Management Committee. He was Honorary Secretary of the Society of Public Teachers of Law (1996-2001), and was on the English Higher Education Funding Council's Research Assessment Exercise Panel for ranking UK Law Schools for their research in 1996-2001.

Mr. Justice Hayton headed the UK Delegation to The Hague Conference on Private International Law for the Convention on The Law Applicable to Trusts and on their Recognition (1984) and for the Convention on Succession to the Estates of Deceased Persons (1988), and was at the heart of the preparation of the eight Principles of European Trust Law, published with a General Commentary and National Commentaries as Hayton, Kortmann & Verhagen (eds) Principles of European Trust Law (Kluwer Law International 1999).

For the Edwards’ (Home Office) Review of Financial Regulation in the Crown Dependencies (1998 Cm 4109-1) he was the trust law consultant, while in 2000 he was engaged as technical advisor to the International Monetary Fund advising on Offshore Financial Centres’ Trust Law and Trustee Regulation. He has written a Consultation Paper on Financial Services and Trust Law, 1990, (commissioned by the Securities Investment Board and the Investment Management Regulatory Organisation), and a Report for The Association of Corporate Trustees on Trusts and their Commercial Counterparts in Continental Europe, 2002.

Mr. Justice Hayton has contributed many articles to learned journals (including 4 for the Law Quarterly Review) and many chapters to edited collections of themed essays. He gave the opening address to the Annual Conference of Trust Lawyers in New Zealand in 1999, the Annual Superannuation Funds Conference in Australia in 2003 and the Annual Conference of Pension Lawyers in South Africa in 2004.

While not expounding on the Law of Trusts, Mr. Justice Hayton was a keen cricketer, squash player (in 1983 winning the final match for the Portugal Place Cambridge Club to win 3:2 the Cambridgeshire County Knock-Out Competition Final) and rugby player (having 3 years on Newcastle RGS 1 st XV, 2 years on Northumberland Under 19 XV and 3 years on Northumberland under 21 XV before a knee injury ended rugby-playing, becoming 1 st XV coach of Cambridge City RFC 1980 -1983 when Jeffrey, later Lord, Archer was Chairman of the Club).

Mr. Justice Hayton was first married to Jean née Ross in 1973, from whom he was divorced in 1978. His second marriage was to Linda née Rae, barrister, in 1979. They have one son, John, born 28 July 1990, now boarding at Winchester College.

View the swearing in of The Honourable Mr. Justice David Hayton



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