Investec Trustees (Jersey) Limited -v- BC, LC, CH and AC [2013] JRC 181 (16 September 2013)

Investec Trustees (Jersey) Limited -v- BC, LC, CH and AC [2013] JRC 181 (16 September 2013)

The relief sought by the daughter in her summons (declaration of ownership of AR and AM, and costs reimbursement) is outside the scope of these administrative proceedings, which are limited to directions on disclosure. Any adversarial claims must be brought in separate proceedings following the proper procedure.

Citation
[2013] JRC 181
Parties
First Representor / Trustee: Investec Trustees (Jersey) Limited; Second Representor / Trustee: Investec Co-Trustees (Jersey) Limited; First Respondent / Beneficiary: [Name Redacted] (the daughter); Second Respondent / Beneficiary: [Name Redacted] (the son); Third Respondent: [Name Redacted] (the third wife); Fourth Respondent / Beneficiary: [Name Redacted] (the half-sister)
Jurisdiction
Jersey
Judgment Date
16 September 2013
Procedural Posture
Trustee Representation for Directions / Post Disclosure, Directions Hearing
Outcome
Relief sought in the daughter's summons refused as outside the scope of these proceedings; only costs of and incidental to the trustees' representation to be considered.
Legal Topics
Disclosure of Trust Information, Beneficiary Rights, Trustee Duties, Jurisdictional Issues, Adversarial Vs Administrative Proceedings
Trusts Private International Law Disclosure of Trust Information Beneficiary Rights Trustee Duties Jurisdictional Issues Adversarial Vs Administrative Proceedings

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Parties

Investec Trustees (Jersey) Limited

First Representor / Trustee

Investec Co-Trustees (Jersey) Limited

Second Representor / Trustee

[Name Redacted] (the daughter)

First Respondent / Beneficiary

[Name Redacted] (the son)

Second Respondent / Beneficiary

[Name Redacted] (the third wife)

Third Respondent

[Name Redacted] (the half-sister)

Fourth Respondent / Beneficiary

Procedural Posture

Trustee Representation for Directions / Post Disclosure, Directions Hearing

Legal Issues

  1. 1 Whether the daughter is entitled to further relief or declarations regarding ownership of companies (AR and AM) within the scope of these proceedings
  2. 2 Whether the proceedings can be expanded from administrative to adversarial within the current representation
  3. 3 Whether the trustees have complied with their disclosure obligations

Ratio Decidendi

The relief sought by the daughter in her summons (declaration of ownership of AR and AM, and costs reimbursement) is outside the scope of these administrative proceedings, which are limited to directions on disclosure. Any adversarial claims must be brought in separate proceedings following the proper procedure.

Court Disposition

Relief sought in the daughter's summons refused as outside the scope of these proceedings; only costs of and incidental to the trustees' representation to be considered.

Orders

  • Only the question of costs of and incidental to the proceedings instituted by the trustees' representation in 2010 may be considered at the upcoming summons.
  • Directions given for production of evidence and skeleton arguments limited to the costs issue.