Trilogy Management -v- YT and Others [2015] JRC 166 (12 August 2015)

Trilogy Management -v- YT and Others [2015] JRC 166 (12 August 2015)

Where a trustee has already disclosed its reasons for a decision, and the court and other beneficiaries must assess the propriety of that decision, the court should exercise its discretion to order disclosure of documents relating to the trustee's deliberations and the material on which the decision was based, even if such documents fall within the Londonderry exception. This is necessary and proportionate to enable proper objections and for the court to make an informed decision on the appointment of a replacement trustee.

Citation
[2015] JRC 166
Parties
Representor: Trilogy Management Limited; First Respondent: YT Charitable Foundation (International) Limited; Trustee of Five Sub Trusts: RBC
Jurisdiction
Jersey
Judgment Date
12 August 2015
Procedural Posture
Trust Dispute Application / Interlocutory Application for Disclosure of Documents
Outcome
Application granted in part
Legal Topics
Disclosure of Trust Documents, Trustee Duties, Beneficiary Rights, Legal Professional Privilege, Court's Discretion in Trust Administration
Trusts Equity Disclosure of Trust Documents Trustee Duties Beneficiary Rights Legal Professional Privilege Court's Discretion in Trust Administration

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Parties

Trilogy Management Limited

Representor

YT Charitable Foundation (International) Limited

First Respondent

RBC

Trustee of Five Sub Trusts

Procedural Posture

Trust Dispute Application / Interlocutory Application for Disclosure of Documents

Legal Issues

  1. 1 Whether trustees must disclose documents relating to their deliberations and reasons for selecting a replacement trustee
  2. 2 Whether legal professional privilege applies to advice received by trustees in this context
  3. 3 Whether the court should exercise its discretion to order disclosure of documents within the Londonderry exception

Ratio Decidendi

Where a trustee has already disclosed its reasons for a decision, and the court and other beneficiaries must assess the propriety of that decision, the court should exercise its discretion to order disclosure of documents relating to the trustee's deliberations and the material on which the decision was based, even if such documents fall within the Londonderry exception. This is necessary and proportionate to enable proper objections and for the court to make an informed decision on the appointment of a replacement trustee.

Court Disposition

Application granted in part

Orders

  • YT is ordered to disclose documents specified in paragraphs 11 and 12 of Trilogy's amended summons, relating to board deliberations and advice received or prepared regarding the selection of a replacement trustee.