Yesterday, gamekeeper George Mutch was sentenced to four months imprisonment after being found guilty of four charges including the illegal killing of a trapped goshawk, which he clubbed to death, and the taking of two other birds, a goshawk and a buzzard. See Raptor Persecution website reports here and here and BBC report here. Mr Mutch was employed on Kildrummy Estate in Aberdeenshire.
Under Section 24 of the Wildlife and Natural Environment (Scotland) Act 2011, an employer can be also be guilty of a wildlife offence under the doctrine of vicarious liability. Where an offence has been committed by an employee, the owner or agent is also guilty of the offence and liable to be proceeded against unless they can show that they did not know the offence was being committed by the employee AND that they took all reasonable steps and exercised due diligence to prevent the offence being committed. Mr Mutch was asked whether he had received any training from his employer and he said that he had not. Whether he did or not of course cannot be ascertained from such an admission. But the possibility exists that the Crown will proceed against the owner on the basis of their possible vicarious liability. If proceedings were to be brought against the owner, who is that person?
The owner of Kildrummy Estate is Kildrummy (Jersey) Ltd. The point of this blog is to try to find out who exactly is the human being or beings behind Kildrummy (Jersey) Ltd. who might end up being charged with an offence.
Kildrummy (Jersey) Ltd. is a company registered at 23-25 Broad Street, St Helier, Jersey.
It is owned by;
which are all registered at the same address – 23-25 Broad Street, St Helier, Jersey.
So who owns Magnus, Fidelis and Rostand?
Magnus Nominees Ltd. is owned by;
again all at 23-25 Broad Street.
Fidelis Nominees Ltd. is also owned by
Coutts & Co. Trustees (Jersey) Ltd. &
Citron 2004 Ltd.
again at 23-25 Broad Street.
Rostand Nominees Ltd. is ALSO owned by
Coutts & Co trustees (Jersey) Ltd. &
Citron 2004 Ltd.
at 23-25 Broad Street.
Kildrummy (Jersey) Ltd is owned by Coutts and Citron through their ownership of Magnus, Fidelis and Rostand.
So who owns Coutts and Citron?
Coutts is owned by Royal Bank of Scotland International (Holdings) Ltd. registered at 71 Bath Street, St Helier.
Citron is owned by
Coutts & Co Trustees (Jersey) Ltd.,
Magnus Nominees Ltd. &
Fidelis Nominees Ltd.
So who owns Coutts, Magnus and Fidelis?
Coutts is owned by Royal Bank of Scotland International (Holdings) Ltd. (see above). Magnus and Fidelis are both owned by Coutts and Citron (see above). And Citron (which is owned by Coutts, Magnus and Fidelis) owns (together with Coutts) Magnus, Fidelis and Rostand.
Magnus, Fidelis and Rostand of course own Kildrummy (Jersey) Ltd.
So, after spending £24 on Annual Returns of the above companies who does own Kildrummy (Jersey) Ltd.?
Go back up to the top and start again.
Best of luck to the Crown Office.
Big thanks to Simon Brooke for coming up with a flow-chart which attempts to illustrate the relationships.
These arrangements led to a court case – Kildrummy (Jersey) Ltd v. Inland Revenue Commissioners 1991 SC 1, 1992 SLT 787, 1991 SCLR 498 – in 1990 over the liability to stamp duty. The decision outlines the deal that was entered into with Kildrummy (Jersey) Ltd. and the case is now the foundation for the proposition that one cannot contract with oneself and retain control over the outcome.