Representation of First Conference Business Intelligence Limited [2010] JRC 055A (18 March 2010)

The sub-trusts could not validly benefit Mr Grant and Mr Bodenham as they are excluded persons, and the mistake was sufficiently serious to justify setting aside the transactions and declaring them void.

Citation: [2010] JRC 055A
Parties: Representor: FC Business Intelligence Limited; Trustee: First Conferences Limited 2003 Employee Benefit Trust; Representative of Other Employees: Mr Carkeek; Excluded Person: Mr Grant; Excluded Person: Mr Bodenham
Jurisdiction: Jersey
Judgment Date: 18 March 2010
Procedural Posture: Trust Application / Judgment on Application
Outcome: Application granted
Legal Topics: Mistake in Trust Administration, Employee Benefit Trusts, Excluded Persons

Trusts Mistake in Trust Administration Employee Benefit Trusts Excluded Persons

Case Brief

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Parties

FC Business Intelligence Limited

Representor

First Conferences Limited 2003 Employee Benefit Trust

Trustee

Mr Carkeek

Representative of Other Employees

Mr Grant

Excluded Person

Mr Bodenham

Excluded Person

Procedural Posture

Trust Application / Judgment on Application

Legal Issues

1 Whether a mistake of such seriousness occurred as to render it unjust for the donee to retain the property
2 Whether sub-trusts could validly benefit excluded persons

Ratio Decidendi

Court Disposition

Application granted

Orders

Orders as set out at tab 5 of the bundle with the insertion of 'declared void and' in paragraphs 1a and b before 'set aside'