Attorney General’s Office Plus – Key Exchange Summary
January 16, 2026 | Eastern Caribbean Supreme Court 9.00 AM AGT
Justice Rene Williams presiding
Judge Rene Williams seized the case by valid issuance, acceptance of jurisdiction, and active case management under ECSC CPR, and he retained seizure by declining to stay or dismiss the proceedings despite parallel foreign actions.
During the hearing, the Court sought clarification regarding recent written submissions filed by all sides on the issue of jurisdiction including Attorney General’s Office – Antigua & Barbuda.
Justice Williams noted that he had only recently received Mr. David’s submissions, within the previous week, and had reviewed them briefly. Counsel for the Attorney General’s Chambers confirmed awareness of filings by Mr. David but stated they had not yet reviewed the specific submissions in detail.
Mr. David explained that his recent filing did not introduce new evidence, but consisted of:
- Service receipts demonstrating service on defendants
- A note to the Court addressing comity between parallel proceedings in California and London
- Re-filed documents submitted at the clerk’s suggestion, after earlier filings had not been properly received
The Court then turned to the Attorney General’s position. Counsel for the AG confirmed that their provisional view was that the Court lacked jurisdiction, relying in part on principles from Spiliada Maritime Corporation v Cansulex Ltd. The AG’s submissions emphasized:
- Most defendants reside outside Antigua & Barbuda
- Claims are not clearly governed by Antiguan law
- Insufficient factual connection between alleged conduct and the jurisdiction
- Practical difficulties and costs given overseas defendants and witnesses
- Unclear pleading of causes of action under the CPR
Justice Williams observed that, based on the material reviewed, physical presence in Antigua appeared limited, aside from possible property ownership by one or two individuals.
Mr. David’s Response
Mr. David responded that physical presence was not determinative of jurisdiction. He argued that:
- Conduct and harm occurred within Antigua & Barbuda, including reputational and economic damage
- The Alpha Nero yacht, previously adjudicated by this Court, was physically present in Antigua for over a year and formed part of the alleged conspiracy
- Foreign corporations broadcast into Antigua and the Caribbean, causing harm locally
- Sovereign programs and investments connected to Antigua were deliberately targeted
- Parallel proceedings abroad demonstrated coordinated misconduct, not a lack of jurisdiction
Justice Williams clarified that, for the limited purpose of the jurisdiction analysis, he was prepared to proceed on the assumption that Mr. David’s pleaded facts were true, but remained concerned that the consequences of the alleged harm appeared to be felt primarily where Mr. David resided, rather than necessarily in Antigua.
The Court raised the risk of inconsistent rulings between Antigua, California, and the UK. Mr. David responded that Antigua was the anchor jurisdiction, arguing it was the only forum not compromised by the alleged misconduct.
Howard Kennedy Letter Raised by the Court
Justice Williams then disclosed that he had received a letter dated January 7, 2026 from Howard Kennedy LLP, a UK law firm. The letter asserted:
- Howard Kennedy and its partners deny the jurisdiction of the Antiguan court
- They would not participate in the January 16 hearing
- Their involvement was limited to UK enforcement proceedings
The Judge stated he would formally circulate the letter to both parties, noting he could not receive such correspondence without placing it on the record.
Mr. David asserted that Howard Kennedy had been served twice, that their non-participation amounted to contempt, and that relevant authorities in the UK were aware of the service.
Justice Williams indicated that the letter would be placed on file and considered as part of the record.
Conclusion
Justice Williams thanked both parties for their submissions and stated that he would consider all materials carefully. The Registrar would issue a written ruling on jurisdiction early the following month, determining the way forward.
The Court then rose.